CHAP. LVI.-An Act to provide for the education of the Deaf and Dumb and the Blind of the State of Nevada. [Approved March 2, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: tion in rela SECTION 1. The Superintendent of Public Instruction is authorized Duty of Superintendand required to make arrangements with the directors of the Institution ent of Pubfor the Deaf and Dumb and the Blind, at San Francisco, in the State lic Instrucof California, for the admission, support, education and care of the deaf tion to the and dumb and the blind of this State, and for that purpose is hereby Deaf Dumb, and empowered to make all needful contracts and agreements with said Blind." Directors to carry out the provisions of this Act. made. SEC. 2. Upon the application under oath of a parent or nearest Applicafriend of any deaf, dumb, or blind person, resident of this State, set- tion, how ting forth that by reason of deafness, dumbness, or blindness, such person is disqualified from being taught by the ordinary process of instruction, and that the parents or guardian of said person are unable to pay for his or her support and education in the aforesaid institution, and file the same with the Board of County Commissioners of the proper county, and such board shall be satisfied of the truth thereof, and such Board shall have made application to the Superintendent of Public Instruction for that purpose, it shall be the duty of the Super- Superinintendent of Public Instruction to issue a certificate to that effect, tendent to which certificate being produced, shall be the authority of the Direct- cate. ors of the institution aforesaid for receiving such deaf and dumb or blind person as a pupil. issue certifi SEC. 3. The sum of three thousand dollars is hereby appropri- Appropriaated out of any moneys now in or hereafter coming into the State tion. Treasury, not otherwise appropriated, for carrying out the provisions of this Act during the years eighteen hundred and sixty-nine and seventy, and all sums due for support and education of such deaf and dumb or blind pupils in the aforesaid institution, when certified by the Secretary of State, and approved by the Board of Examiners, shall be audited by the Controller and paid by the State Treasurer out of the fund hereby created. titled to benefits of this Act. SEC. 4. All deaf and dumb or blind persons between the ages of Persons eneight and twenty-one years, that are not mentally or physically incapacitated to receive an education, that are free from offensive or contagious diseases, and whose parents or guardians reside in the State of Nevada, and are not able to pay for their support and education in the aforesaid institution, shall be entitled to the benefits intended by this Act, and it is hereby made the duty of the Board of County Com- Duty of missioners of such county to make provisions, at the expense of the Boards of county carrying such pupil to the office of the Superintendent of Pub- missioners lic Instruction, who shall make necessary arrangements for carrying Pub. Inthe pupil to the institution of instruction before mentioned, at the ex- struction. pense of the State, payable out of the fund provided by this Act. SEC. 5. This Act shall take effect on and after its passage. Co. Com and Sup. Actions may be CHAP. LVII.-An Act to enable a certain class of claimants against the State to appeal to the Courts. [Approved March 2, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Any officer or person who has presented a claim brought on against the State for services or advances authorized by law, and for certain which an appropriation has been made, but of which the amount has against the not been fixed by law, to the Board of Examiners, which claim said claims State. Board or the State Controller has refused to audit and allow in whole or in part, may commence an action in any Court of Ormsby County having jurisdiction of the amount, for the recovery of such portion of the claim as shall have been rejected. In such action the State of Nevada shall be named as defendant, and the summons shall be on Control- served upon the State Controller, and the action shall proceed as other civil actions to final judgment. Summons to be served ler. Duties of SEC. 2. The Attorney-General shall defend all such actions on the General and part of the State. The Controller shall cause to be subpoenaed and Controller. examined such witnesses, and procure and cause to be introduced such documentary evidence as he shall deem necessary for the defense, and Appropria- the sum of five hundred dollars is hereby appropriated out of moneys ment of ex- in the Treasury not otherwise appropriated, for the purpose of defraypense of ac- ing any necessary expense in obtaining evidence, and payment of costs Appeals. for the defense of such actions. Appeals may be taken in all such actions by the Controller on behalf of the State. tion for pay Controller requested to draw war SEC. 3. Upon the presentation of a certified copy of a final judg ment in favor of the claimant in any such action, the Controller shall rants when. draw his warrant in favor of the claimant for the amount awarded by the judgment. Secretary of State required to make ar CHAP. LVIII.—An Act to provide for the care of the Insane of the State of Nevada, and to create a fund for that purpose. [Approved March 2, 1869.] The People of the State of Nevada, represented in Senate and Assembly. do enact as follows: SECTION 1. The Secretary of State is authorized and required to make arrangements with the Directors of the Asylum for the Insane at Stockton, in the State of California, for the admission, support and for care of proper care of the insane of this State, and for that purpose is hereby empowered to make all needful contracts and agreements with said Directors, to carry out the provisions of this Act. rangements Insane. Judge to SEC. 2. The District Judge of any judicial district in this State, District shall, upon application under oath, setting forth that a person by rea- examine inson of insanity is dangerous to be at large, cause said person to be sane person. brought before him, and he shall summon to appear, at the same time and place, two or more witnesses having had frequent intercourse with the accused during the time of the alleged insanity, who shall testify under oath as to conversation, manners and general conduct upon which said charge of insanity is based; and he shall also cause to appear be- Physicians fore him, at the same time and place, two graduates in medicine, be- to attend. fore whom the District Judge shall examine the charge, and if, after a careful hearing of the case, and a personal examination of the alleged insane person, the said physicians shall certify on oath that the case is of a recent or curable character, or that the said insane person is of a homicidal, suicidal or incendiary disposition, or that from any other violent symptoms the said insane person would be dangerous to his or her own life, or to the lives and property of the community in which he or she may live; and if said physicians shall also certify to the name, age, nativity, residence, occupation, length of time in this State, State last from, previous habits, premonitory symptoms, apparent cause and class of insanity, duration of the disease and present condition, as nearly as can be ascertained by inquiry and examination, and if the District Judge shall be satisfied that the facts in the examination establish the existence of insanity in the person of the accused of a recent or curable nature, or if a homicidal, suicidal or incendiary character, or from the violence of the symptoms, the said insane person would be dangerous to his or her own life, or to the lives and property of others, to be at large, he shall direct the Sheriff, or some other suitable person, to convey to the capital of the State, and place such insane person in charge of the Secretary of State, and shall transmit duplicate copies of the complaint, commitment, and physicians' certificate, which shall always be in form as furnished to the Judges by the Secretary of State, and such Sheriff Fees of or person shall receive for such services the same fees as are allowed Physicians. by law to Sheriffs for similar services, and the physicians shall be entitled to the sum of five dollars each for making such examination provided, that should the examination reveal the fact that the person Indigent inproven to be insane is indigent, as defined by section four of this Act, the expenses of examination, transmission, and all charges incidental thereto, shall be paid by the county of which said insane person was a resident, and in no case shall such expenses be paid by the State; provided Proviso. further, that no case of idiocy or imbecility, or simple feebleness of intellect or old cases of dementia, or any other class of old, incurable and harmless insanity, or any case of delirium tremens, shall be received and provided for by the Secretary of State. Sheriff and sane. ties of Dis SEC. 3. The District Judge shall cause inquiry to be made touching Further duthe ability of insane persons committed by him to bear the expenses trict Judge. attending the arrest, examination, transmission to the capital, and such other charges as may be necessary in order to properly provide for his or her support. In any case where the insane person is able, by the possession of money, or real or personal property to pay said expenses, the District Judge shall appoint a guardian for said insane person, who shall be subject to the general law in relation to guardians, as far as the same may be applicable; and when there is not sufficient money in hand, the Judge shall order the sale of the property of such person, or so much thereof as may be necessary, and from the proceeds said guardian shall Guardian. pay all proper costs and charges incidental to arrest, transmission and required. Payment of proper care and support of such insane person during the period of his all charges or her insanity, or so long as there shall be sufficient means to meet said charges and expenses. And in case such insane person has no means applicable to his or her own support, but has kindred in the degree of husband or wife, or (if a minor) father or mother living within this State, of sufficient means and ability to support such insane person, the Judge before whom the examination is had shall order that all expenses and charges be paid by the nearest of such kindred, or may assess the same among such kindred as he may deem just and equitable, causing such charges as the State may be obligated to pay to the directors of the Asylum at Stockton, to be paid quarterly in advance to the Secretary of State, together with all costs and expenses necessarily incurred in transmitting said person to said Asylum. And from the date of such order of the District Judge, such expenses and charges shall be a lien against the property of such kindred, and may be enforced as other liens against real or personal property. Additional bond required of Guardian. State to pay SEC. 4. The District Judge shall require of the guardian of any insane person appointed by him, in addition to the bond now required by law to be given by guardians, to enter into bond with good and sufficient sureties, payable to the State of Nevada, conditioned for the prompt payment in advance to the Secretary of State of all charges and expenses set forth in this Act, so long as said insane person shall be cared for and supported by this State, or so long as said means or property shall be sufficient therefor, which bond shall be filed in the office of the Secretary of State at the same time that other papers in relation to insane persons are filed; and all sums of money so received Secretary of by the Secretary of State, as well as those sums received from kindred, as provided in Section Three of this Act, shall be paid over to the money into Treasury. State Treasurer to the credit and become a part of the Insane Fund, created by Section Seven of this Act, under a sworn statement at least once in every three months, and for all moneys thus paid the Secretary of State shall take duplicate receipts, one of which shall be filed with When in- the State Controller. When the means of any insane person shall besane required to be come exhausted, or the kindred mentioned in this Act shall become untransferred able longer to provide for the support of such insane person, upon a proper showing to the Judge of the District Court where such person was committed, he shall certify such fact to the Secretary of State, who shall immediately transfer the same to the Indigent List, and from the date of such certificate said guardian or kindred, as the case may be, shall be relieved from any further liability on account of such bond or insane person. to indigent list. Duty of SEC. 5. It shall be the duty of the Secretary of State, upon the reception of insane any person, duly committed as in this Act provided, reception of to transmit, or cause such person to be transmitted, by some competent insane. and proper person or persons, to the Asylum for the Insane at Stock on account ton, in the State of California. Secretary SEC. 6. The Secretary of State is hereby authorized and required required to pay certain to pay to the Directors of the Insane Asylum at Stockton, California, moneys due out of the fund created by this Act, all sums of money now due and of insane. owing on account of insane persons heretofore committed to and cared for at said Asylum, under the provisions of an Act, entitled “An Act to provide for properly taking care of the Indigent Insane of the State of Nevada, and to create a fund for the purpose," approved February 23, 1867; and to continue to pay to said Directors all asylum charges on account of the same, as they may become due; also to pay such sums as are now due and owing to said Asylum on Same. SEC. 7. The sum of twenty thousand dollars is hereby appropri- Appropriaated out of any moneys now in or hereafter coming into the State tion. Treasury, not otherwise specially appropriated, for the purpose of carrying out the provisions of this Act, during the years eighteen hundred and sixty-nine and eighteen hundred and seventy, and for the purpose of paying all other sums authorized by section six of this Act. And all sums of money necessarily expended and authorized by this Act, when duly certified by the Secretary of State, and approved, as provided by law, shall be audited by the Controller, and paid by the State Treasurer out of the fund hereby created. SEC. 8. It shall be the duty of the Secretary of State to make a Secretary to full and detailed report of all his proceedings under this Act to the make report Legislature, at each session thereof. ed. SEC. 9. An Act entitled "An Act to provide for properly taking Act repealcare of the Indigent Insane of the State of Nevada, and to create a Fund for that purpose," approved February twenty-third, eighteen hundred and sixty-seven, is hereby repealed. CHAP. LIX-An Act to provide for fostering and supporting the Nevada Orphan Asylum, a duly incorporated benevolent institution located at Virginia City, Storey County, State of Nevada. [Approved March 2, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: tion. SECTION 1. The sum of six thousand (6,000) dollars is hereby Appropriaappropriated and set apart out of any moneys in the State Treasury not otherwise appropriated, for the purpose of carrying out the provisions of this Act; and the money so appropriated and set apart shall Orphan constitute a fund to be known and drawn upon as the Orphan Asylum Fund. Fund. Asylum SEC. 2. From and after the date of the passage of this Act, the cor- Claims to be porate Trustees or Managers of the Nevada Orphan Asylum shall pre- Board of presented to sent monthly to the State Board of Examiners their claims for the Examiners. actual feeding and clothing expenses of the full orphans under the care |