this act, shall not be liable for any money, jewelry, or other valuables of gold or silver, or rare or precious stones, that may be lost, if the same is not delivered to said landlord, hotel or innkeeper, his agent or clerk, for deposit, unless such loss shall occur by the hand, or through the negligence of the landlord, or by a clerk or servant employed by him in such hotel or inn; Provided, That nothing herein contained shall apply to such amount of money and valuables as is usual, common and prudent for any such guest to retain in his room or about his person.

SEC. 3. [Defrauding landlord-Penalty.]-Any person who shall put up at any hotel or inn and shall procure any food, entertainment, or accommodation, without paying therefor, except where credit is given by express agreement, with intent to cheat or defraud the owner or keeper thereof out of the pay for the same; or who with intent to cheat or defraud such owner, or keeper out of the pay therefor, shall obtain credit at any hotel or inn for such food, entertainment, or accommodation, by means of any false show of baggage or effects brought thereto; or who shall with such intent remove, or cause to be removed, any baggage or effects from any hotel or inn, while there is a lien existing thereon for the proper charges due from him for fare and board furnished therein, shall be punished by imprisonment not exceeding three months, or by a fine not exceeding one hundred dollars.

CHAPTER 40.-INSANE.

SECTION 1. [Location.]-That the hospital for the insane located at Lincoln, in the county of Lancaster, shall be known under the name and by the title of the "Nebraska Hospital for the Insane," and shall be under the charge of three trustees, two of whom shall constitute a quorum for the transaction of business. [G. S. 411.]

SEC. 2-4. [Obsolete.]

SEC. 5. [Government.]-The trustees shall have the general control and management of the hospital; they shall have full power to make all by-laws necessary for the government of the same, not inconsistent with the constitution and laws of this state, and to conduct the affairs of the institution in accordance with the laws and by-laws regulating the same. It shall be the duty of the majority of said board to visit the hospital quarterly, and at said quarterly visits they shall, with the superintendent, examine the accounts of the steward, and certify their approval or otherwise on the page of his monthly balance.

SEC. 6. [Officers.]-The board of trustees shall appoint, upon the nomination of the superintendent, a steward and matron, who, together with the superintendent and assistant physician, shall be styled the resident officers of the hospital, and shall reside in the same, and be governed and subject to all the laws and by-laws established for the government of the hospital.

SEC. 7. [Property in trust.]-The board of trustees may take and hold in trust, for the hospital, any lands conveyed or devised, and any money or other personal property given or bequeathed, to be applied for any purpose connected with the institution.

SEC. 8. [Record of proceedings.]—The board of trustees shall make a record of their proceedings at all meetings, in a book to be provided for that purpose, and at their annual meeting shall make a report to the governor, of the condition and wants of the hospital, which shall be accompanied by a full and accurate report of the superintendent, and a detailed account of all moneys received and disbursed by the steward.

SEC. 9. [Contracts.]-No trustee or any officer of the institution shall hereafter be directly or indirectly interested in the purchase of building material, or any article of furniture or supply, for the use of the hospital.

SEC. 10. [Governor shall appoint superintendent.]-The governor

NOTE. "An act for the government of the hospital for the insane, defining the legal relations of insane persons, and providing for their care and protection.' G. S. 411. Took effect Mar. 3, 1873. Government now vested in board of public lands and buildings. Const. sec. 19, Art. V, and Art. VII. Chap. 83.

of the state shall appoint a superintendent and may appoint an assistant physician of the hospital for the insane, who shall hold their offices for the term of six years, unless sooner removed as hereinafter provided.

SEC. 11. Duties and powers of superintendent.-The superintend ent of said institution shall be a physician of acknowledged skill and ability in his profession, and be a graduate of a regular medical college. He shall be the chief executive officer of the hospital, and shall hold his office for the term of six years, unless sooner removed by the governor for malfeasance in office, or other good and sufficient cause. He or the assistant physician must be in daily attendance at the hospital, and in no instance must both be absent at the same time. Before entering upon the duties of his office, he shall take and subscribe an oath or affirmation for the faithful and diligent discharge of the duties required by law. He shall have the entire control of the medical, moral, and dietetic treatment of the patients, and shall see that the several officers of the institution faithfully and diligently discharge their respective duties. He shall employ attendants, nurses, servants and such other persons as he may deem necessary for the efficient and economical administration of the government of the hospital. [Amended 1875, 86.] SEC. 12. [Seal of hospital.]-The superintendent shall provide an official seal for the hospital, upon which shall be the words, "Nebraska Hospital for the Insane." He shall make reports to the board of trustees as provided for in section eight (8) of this act.

SEC. 13. [Duties of assistant physician.]-The assistant physician shall be a medical man of such character and qualifications as to be able to perform the ordinary duties of the superintendent during his necessary absence or inability to act; he shall also perform all the duties of hospital steward.

SEC. 14. [Steward.-The steward, under the direction of the superintendent, and not otherwise, shall make all purchases for the hospital where they can be made on the best terms, keep the accounts, make engagements with, pay and discharge those employed in and about.the hospital, and have a personal superintendence of the farm, garden, and grounds, and perform such other duties as may be assigned him.

SEC. 15. [Repealed by 1881, 102.]

SEC. 16. Matron.-The matron, under the direction of the superintendent, and not otherwise, shall have the general supervision of the domestic arrange. ments of the hospital, and do what she can to promote the comfort and restoration of the patients.

SEC 17. Commissioners of insanity.]-In each organized county of the state, there shall be a board of commissioners, consisting of three (3) persons, to be styled, commissioners of insanity, two (2) of whom shall constitute a quorum; the clerk of the district court shall be ex-officio member of such board, and clerk of the same; the other members shall be appointed by the judge of said court; one of them shall be a respectable practicing physician, and the other a respectable practicing lawyer, and the appointments shall be made of persons residing as convenient as may be to the county seat, such appointments may be made during the session of the court, or in vacation; and, if made in vacation, it shall be by written order, signed by the judge and recorded by the clerk of the court. Immediately on the taking effect of this act, the judge shall make the first appointment; he shall then appoint one for one year, and the other for two years; as their respective terms expire, their successors shall be appointed for two (2) years; the appointment of successors may be made at any time within three (3) months prior to the expiration of the term of the incumbent, who shall hold his office until his successor is appointed and qualified. In the temporary absence, or inability to act, of two (2) of the commissioners, the judge of the district court, if present, may act in the room of one of such commissioners; or the commissioner present may call to his aid a respectable practicing physician or lawyer, who after qualifying as in other cases, may act in the same capacity. The record in such case must show the fact of such absence.

SEC. 18. [Oath-Meeting.]-Before entering upon the duties of their office, the persons so appointed shall take and subscribe an oath or affirmation to support the constitution of the United States, and of the state of Nebraska, and to faithfully discharge their duties according to law as such commissioners; which obligation shall be filed with the clerk of said court, who shall enter a memorandum thereof on the records; they shall organize by choosing one of their number president, they shall hold their meetings for business at the office of the clerk of said court, unless, for good reasons, they shall fix on some other place; if they deem necessary or advisable they may hold sessions at such regular times as they may fix; they shall also meet on notice from the clerk.

SEC. 19. [Duties of clerk.]-The term "clerk" as herein used, means clerk of said board of commissioners, unless otherwise expressed; the said clerk shall sign and give, or issue, all notices, appointments, warrants, subpoena, or other process required to be given or issued by the commissioners, affixing thereto his seal as clerk of said court; he shall file and carefully preserve in his office all papers connected with any inquest by the commissioners, and properly belonging to his office, with all notices, reports, and other communications; he shall keep separate books in which to minute the proceedings of the board, and his entries therein shall be sufficiently full to show, with the papers filed, a complete record of their findings, orders and transactions; the notices, reports, and communications herein required to be given or made, may be sent by mail, unless otherwise . expressed or implied; and the fact and date of such sending, and of their reception, must be noted on the proper record.

SEC. 20. [Power of commissioners.]-The said commissioners shall have cognizance of all applications for admission to the hospital, or for the safe keeping otherwise of insane persons within their respective counties, excepting in cases otherwise specially provided for. For the purpose of discharging the duties required of them, they shall have power to issue subpoena, and compel obedience thereto, to administer oaths, and do any act of a court necessary and proper in the premises.

SEC. 21. [Application for admission to hospital.]-Applications for admissions to the hospital must be made in writing in the nature of an information, veriffied by affidavit; such information must allege 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 hospital; that such person is found in the county and has a legal settlement therein, if such is known to be the fact; and if such settlement is not in the county, where it is, if known; or where it is believed to be, if the informant is advised on the subject.

SEC. 22. [Investigation by commissioners.]-On the filing of an information as above provided, the commissioners shall at once take steps to investigate the grounds of the information; for this purpose, they may require that the person for whom such admission is sought, be brought before them and that the examination be had in his or her presence; and they may issue their warrant therefor, and provide for the suitable custody of such person until their investigation shall be concluded; such warrant may be executed by the sheriff or any constable in the county, or if they shall be of opinion from such preliminary inquiry as they may make, and in making which they shall take the testimony of the informant if they deem necessary or desirable, and of other witnesses if offered, that such course would probably be injurious to such person or attended with no advantage they may dispense with such presence. In their examinations they shall hear testimony for and against such application, if any is offered; 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 elect. The commissioners, whether they decide to dispense with the presence before them of such person or not, shall appoint some regular practicing physician of the county, to visit or see such person, and make a personal examination touching the truth of the allegation in the information, and touching the actual condition

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of such person and forthwith report to them thereon; such physician may or may not be of their own number, and the physician so appointed and acting shall certify under his own hand, that he has in pursuance of his appointment, made a careful personal examination as required; and that on such examination, he finds the person in question insane, if such is the fact; and if otherwise, not insane; and in connection with his examination, the said physician shall endeavor to obtain from the relatives of the person in question, or from others who know the facts, correct answers so far as may be to the interrogatories hereinafter required to be propounded in such cases, which interrogations and answers shall be attached to his certificate.

SEC. 23. [Further proceedings by commissioners.]-On the return of the physician's certificate the commissioners shall as soon as practicable, conclude their investigations; and having done so, they shall find whether the person alleged to be insane, is insane; whether, if insane, a fit subject for treatment and custody in the hospital; whether the legal settlement of such person is in their county, and if not in their county, where it is, if ascertained; if they find such person is not insane, they shall order his or her discharge, if in custody; if they find such person insane, and a fit subject for custody and treatment in the hospital, they shall forthwith issue their warrant and a duplicate thereof, stating such finding with the settlement of the person, if found; and if not found, their information, if any, in regard thereto; authorizing the superintendent of the hospital to receive and keep such person as a patient therein; said warrant and duplicate with the finding and certificate of the physician, shall be delivered to the sheriff of the county who shall execute the same, by conveying such person to the hospital and delivering him or her, with such duplicate and physician's certificate and finding, to the superintendent thereof; the superintendent over his official signature, shall acknowledge such delivery on the original warrant, which the sheriff shall return to the clerk of the commissioners, with his cost and expense endorsed thereon; if neither the sheriff or his deputy is at hand or both are otherwise engaged, the commissioners may appoint some other suitable person to execute the warrant in his stead, who shall take and subscribe an oath or affirmation faithfully to discharge his duty, and shall be entitled to the same fees as the sheriff; the sheriff or any other person so appointed, may take to his aid such assistance as he may need to execute such warrant; but no female person shall thus be taken to the hospital without the attendance of some other female, or some relative of such person. The superintendent in his acknowledgment of delivery, must state whether there was any such person in attendance, and give the name or names, if any. It is however hereby provided, that if any relative or immediate friend of the patient, who is a suitable person, shall so request, he shall have the privilege of taking and executing such warrant, in preference to the sheriff or any other person, and without taking such oath or affirmation; and for so doing he shall be entitled to his necessary expenses but to no fees. The requirements of this and preceding section, are modified by the provisions of the next section.

SEC. 24. [Legal settlement of insane person.]-If the commissioners find that the person so committed to the hospital has, or probably has, a legal settlement in some other county in the state, they shall immediately notify the commissioners of such county of such finding and commitment; and the commissioners so notified shall thereupon inquire and ascertain, if possible, whether the person in question has a legal settlement in their county, and shall immediately notify the superintendent of the hospital and the commissioners of the county from which such person was committed, of the result of such inquiry. If the legal settlement of a person so committed cannot for a time be ascertained, and is afterwards found, the notices so required shall then be given.

SEC. 25. [Same.]—When the superintendent of the hospital has been duly notified as herein required, that a patient sent to the hospital from one county, has a legal settlement in another county of the state, he shall thereafter hold and

treat such patient as from the latter county; and such holding shall apply to expenses already incurred in behalf of such patient and remaining unadjusted.

SEC. 26. [Expenses incurred by one county to be refunded.]— Expenses incurred as herein provided, by one county, on account of an insane person whose legal settlement is in another county of the state, shall be refunded with lawful interest thereon, by the county of such settlement; and shall be presented to the county commissioners of the county sought to be charged, which shall be allowed and paid the same as other claims.

SEC. 27. [Patients having no legal settlement.]-Patients in the hospital having no legal settlement in the state, or whose legal settlement cannot be ascertained, shall be supported at the expense of the state; this provision shall apply to all such patients now in the hospital, touching expenses already incurred and remaining unpaid, if any such there be, and the trustees may authorize the superintendent to remove any such patient at the expense of the state, if they see proper.

SEC. 28. [Patients to be on an equal footing.]-All patients in the hospital shall be regarded as standing on an equal footing; and the several patients, according to their different conditions of mind and body, and their respective needs, shall be provided for, and treated with equal care; Provided, That, if the relatives or immediate friends of any patient shall desire it, and shall pay the expenses thereof, such patient may have special care, and may be provided with a special attendant, as may be agreed upon with the superintendent; in such cases the charges for such special care and attendance shall be paid quarterly in advance.

SEC. 29. [Relatives may pay expenses.]-The relatives or friends of any patient in the hospital shall have the privilege of paying any portion or all of the expenses of such patient therein and the superintendent shall cause the account of such patient to be credited with any sums so paid.

SEC. 30. [Patients, how cared for when the hospital is full.]-If, in the case of any persons found to be insane, and fit subjects for custody and treatment in the hospital, as above provided, it shall be shown to the satisfaction of the commissioners, that they cannot at once be admitted therein for want of room, or for any other cause, and that they cannot with safety be allowed to go at liberty, the commissioners shall require that such patients shall be suitably provided for otherwise, until such admission can be had, or until the occasion therefor no longer exists; such patients may be cared for either as public or as private patients; those shall be treated as private patients whose relations or friends will obligate themselves to take care of and provide for them, without public charge. In the case of any one treated as a private patient, the commissioners shall appoint some suitable person as special custodian, who shall have authority, and whose duty it shall be, in all suitable ways, to restrain, protect, and care for such patient, in such manner as to best secure his or her safety and comfort, and in such manner as to best protect the persons and property of others. In the case of public patients, the commissioners shall require that they be in like manner restrained, protected, and cared for by the commissioners of the county or overseers of the poor, at the expense of the county, and they may accordingly issue their warrants to such commissioners of the county or overseers of the poor, who shall forthwith comply with the same. If there is no poor house for the reception of such patients, or if no more suitable place can be found, they may be confined in the jail of the county in charge of the sheriff.

SEC. 31. [Care of, when not admitted to hospital.]-On application to the commissioners on behalf of persons alleged to be insane, and whose admission to the hospital is not sought, made substantially in the manner above prescribed, and asking that provision be made for their care as insane, either public or private, within the county, and on proof of their insanity and need of care as above pointed out, the commissioners may provide for their care, protection, and restraint, as in the case of other applications.