An Act to provide for the care of the insane of the State of Nevada, and create a fund for that purpose.

2200. Guardian-Payment of charges required.

SEC. 3. The district judge shall cause inquiry to be made touching the ability of insane persons committed by him to bear the expenses 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 pay all proper costs and charges incidental to arrest, transmission and proper care and support of such insane person during the period of his 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.

2201. Payment of expenses by guardian-Bond.

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 by the secretary of state, as well as those sums received from kindred, as provided in section 3 of this act, shall be paid over to the state treasurer to the credit and become a part of the insane fund created by section 7 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 the state controller. When the means of any insane person shall become exhausted, or the kindred mentioned in this act shall become unable 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.

Sec. 1 cited, Ormsby Co. v. State, 6 Nev. 283. When a district judge was pronounced insane and sent to an insane asylum under the provisions of this act, and upon a certificate the governor appointed another person to fill his office as in case of a vacancy: Held, that the office was not vacant and that the appointment of another judge was void.

[Secs. 5, 6, 7, 8 and 9 are obsolete.]

State ex rel. O'Neale v. McClinton, 5 Nev. 329, 333.

The finding and declaration of an incumbent of the office of district judge to be insane in accordance with the provisions of this act, does not create a vacancy in his office. Idem. (See Const. 336, ante.)

An Act to provide for the taking care of the insane of the State of Nevada.

Approved February 24, 1881, 59

[Sections 1 10, obsolete, omitted.]

[Secs. 11 and 12, regarding bonds and payment thereof, obsolete, or nearly so.] 2202. Powers of commissioners-Rules and regulations-Submit report to the legislature.

SEC. 13. The board of commissioners, as named in this act, shall have full power and exclusive control of and over all the grounds, buildings, property and inmates of the asylum, and shall furnish or cause to be furnished all needful supplies, provisions, and medicines for the care of the insane, and have charge of all other matters connected with the institution. They shall establish such rules, regulations, and by-laws for the construction and government thereof as they may deem proper. The board of commissioners shall cause to be kept a record of their proceedings, which shall at all times be open to inspection by a committee of the legislature. During the first week of the session a report shall be submitted to the legislature, showing the annual receipts and expenditures, the condition of the asylum, number of patients admitted during the year, number remaining in the asylum at the date of report, and all matters touching the general affairs of the institution as they may deem proper, and shall from time to time visit the asylum, examine into its affairs, condition, government, and make thorough inspection thereof.

2203. Superintendent-His qualifications, pay.

SEC. 14. The board of commissioners shall elect one resident physician who shall be the general superintendent of the asylum, subject at all times to the order and direction of said board, who shall have power at any time to discharge and remove said superintendent whenever in their judgment it shall be deemed proper for the best interest of the state. The superintendent so elected shall reside at the asylum, be a graduate in medicine, and receive a salary of two thousand four hundred dollars per year, payable monthly, in equal installments. He shall cause to be kept a fair and full account of all his doings, and of the entire business and operations of the institution, and submit a monthly report to the board of commissioners. The superintendent shall employ all necessary help needed at the asylum, subject to the approval of the board of commissioners.

2204. District judge's duty, in regard to commitments-Form of certificates.

SEC. 15. From and after the completion of this asylum, and when it shall be ready for the reception of patients, the insane patients now in California shall be received therein, and it shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any per

son, under oath, setting forth that any person, by reason of insanity, is unsafe to be at large, or is suffering under mental derangement, to cause the said person to be brought before him at such time and place as he may direct; and the said judge shall also cause to appear at the same time and place one or more licensed practicing physicians, who shall proceed to examine the person alleged to be insane; and if said physicians, after careful examination, shall certify upon oath that the charge is correct, and if the judge is satisfied that such person is, by reason of insanity, unsafe to be at large, and is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, children, brother or sister living within this state of sufficient means or ability to provide properly for such care and support, he shall cause the said indigent insane person to be conveyed to the insane asylum of this state, at the expense of the state, and place the said person in charge of the proper person having charge of the said asylum, together with a copy of the complaint, commitment, and physician's certificate, which shall be in such form as the board of commissioners may prescribe. 2205. Paying patients-Medical care of indigents.

SEC. 16. Paying patients whose friends or property can pay their expenses, shall pay according to the terms directed by the board of commissioners; but the insane poor shall, in all respects, receive the same medical care and treatment from the institution, and good, wholesome food, and no record of debt shall be made against them.

2206. Claims approved and payment provided.

SEC. 17. All sums due for the support, care, and clothing of the insane, and all other needful expenses of the asylum shall be certified by the board of commissioners of said asylum and approved by the board of examiners, as now provided by the constitution of the State of Nevada, and audited by the controller, and paid by the state treasurer, out of any moneys in the state treasury appropriated for that purpose.

2207. Warrants.

SEC. 18. The state controller is hereby authorized to draw his warrant in favor of the commissioners for their incidental expenses in carrying out the provisions of this act, after the board of examiners have properly allowed the same.

For expenses of transportation of indigent insane persons and convicts, see secs. 7589-7591. This act embraces but one subject, the care of the insane, which is fairly expressed in its title.

The different steps by which the result is to be accomplished, are not different subjects but minor parts of the same general subject. Klein. v. Kinkead, 16 Nev. 194, 200, 201.

See ante, sec. 275.

In providing for the erection of an insane asylum, the statute declared that the board of commissioners might adopt or reject any and all bids not deemed reasonable or satisfactory, but in determining bids for the same work or material the lowest responsible bid should be taken. It was held that the provision for the lowest responsible bid

is mandatory; but in ascertaining whether or not a bidder was responsible, the board was required to deliberate and decide and in doing so they exercised judicial functions. Hoole v. Kinkead, 16 Nev. 217, 220, 222.

In deciding upon the responsibility of bidders, it was the duty of the board to consider their pecuniary ability to perform the contract and to ascertain which ones, in point of skill, ability and integrity, would be most likely to do faithful, conscientious work, and to fulfill the terms of the contract. Idem.

Cited, Kinkead v. Benton, 19 Nev. 438 (14 P. 294).

Cited, State ex rel. Fletcher v. Ruhe, 24 Nev. 251, 259 (52 P. 274).

An Act to provide for the transfer of insane convicts to the state insane asylum.

Approved March 1, 1883, 102

2208. When removed to asylum.

SECTION 1. Whenever a convict, while undergoing imprisonment in the

Nevada state prison, shall become insane and be so adjudged by a commission of lunacy appointed by the court as in other cases of insanity, it shall be the duty of the warden to deliver such convict to the superintendent of the state insane asylum at Reno, Nevada, for detention and treatment therein. 2209. When returned to state prison-Escape.

SEC. 2. The superintendent of the insane asylum shall receive such insane convict and safely keep him, and if such convict be restored to sanity before the expiration of his sentence to said prison, shall deliver him to the warden thereof, who shall retain such convict therein for the unexpired term of his sentence, unless said convict shall be released by order of the board of pardons. An escape from said insane asylum by any convict confined therein under the provisions of this act, shall be deemed an escape from the state prison, and be punished as such.

An Act to further provide for the commitment of insane persons to
the insane asylum.

Approved February 21, 1889, 40

2210. County clerk may commit.

SECTION 1. Whenever, by reason of the absence of the district judge from the county, an insane person cannot be brought before him for examination, he may be taken before the county clerk of such county, and thereupon said county clerk shall be vested with power to hold such examination and discharge such person or commit him to the insane asylum in the same manner as may be now done by the district judge.

An Act to provide for the admission of certain persons into the Nevada state insane asylum.

Approved February 27, 1893, 58

2211. Idiots and feeble-minded persons admitted to the insane asylum, how and when.

SECTION 1. It shall be the duty of the district judge in each judicial district of this state, upon the application of any person under oath that any person within said district who has been a bona fine resident of the state for more than five years and of the county wherein he is at the time residing for one full year next preceding the making of said application, is an idiot or feeble-minded person, to cause such person to be brought before him at such time and place as he may direct, and the said judge shall also cause to appear at such time and place such witnesses as he may deem proper and one or more licensed practicing physicians. Said physicians shall proceed to examine the person and the witnesses so brought before said judge, the witnesses to be placed under oath, and if said physicians, after careful examination, shall certify upon oath that the charge is correct, giving their reasons therefor, and if the district judge is satisfied that such person is an idiot or a feebleminded person and is incompetent to provide for his or her own proper care and support, and has no property applicable to such purpose, and no kindred in the degree of husband or wife, father or mother, child, brother or sister living within this state of sufficient means or ability to provide properly for such care and support, and is further satisfied that it will be for the best interest of said indigent and the county of which he is at the time a resident, he shall cause the said indigent, idiot or feeble-minded person to be conveyed to the insane asylum of this state at the expense of the county of which said person was a bona fide resident during the period of one year next preceding the making of such application, and placed in charge of the proper person having charge of said asylum, together with a copy of the

complaint, commitment and physicians' certificate, which shall be in such form as the board of commissioners for the care of the indigent insane of the State of Nevada may prescribe.

2212. Expense of care of such persons, how provided for.

SEC. 2. The county of which any person committed to said asylum, under the provisions of section 1 of this act, was a bona fide resident during all of the year next preceding the making of application for his or her said commitment, shall pay into the treasury of the State of Nevada, quarterly, on the first Monday of January, April, July and October, from and ever after such commitment, the actual expense of maintaining and keeping such person at said asylum, for which said county shall be liable to the State of Nevada, the amount of said expense to be certified to the board of commissioners of such county by the superintendent of said insane asylum.

LIENS

To secure liens to mechanics and others, sections 2213–2231.

To secure liens to ranchmen and other persons, 2232.

An Act to secure liens to mechanics and others, and to repeal all other acts in relation thereto.

2213. Labor or material-Contractor held as owner or agent.

SECTION 1. Every person performing labor upon, or furnishing material of the value of five (5) dollars or more, to be used in the construction, alteration or repair of any building or other superstructure, railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, building, bridge, fence, or any other structure, has a lien upon the same for the work or labor done or material furnished by each, respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent; and all miners, laborers and others who work or labor to the amount of five (5) dollars or more in or upon any mine, or upon any shaft, tunnel, adit, or other excavation, designed or used for the purpose of prospecting, draining or working any such mine; and all persons who shall furnish any timber or other material, of the value of five (5) dollars or more, to be used in or about any such mine, whether done or furnished at the instance of the owner of such mine or his agent, shall have, and may each respectively claim and hold, a lien upon such mine for the amount and value of the work or labor so performed, or material furnished; and every contractor, subcontractor, architect, builder, or other persons, having charge or control of any