SEC. 32. [Commissioners to care for.]-On information laid before the commissioners of any county that a certain insane person in the county is suffering for want of proper care, they shall forthwith inquire into the matter, and if they find the information well founded, they shall make all needful provisions for the care of such person as provided in other cases.

SEC. 33. [No restraint except as herein provided for.]—No person supposed to be insane shall be restrained of his or her liberty by any other person, otherwise than in pursuance of authority obtained as herein required, excepting to such extent, and for such brief period as may be necessary for the safety of persons and property, until such authority can be obtained.

SEC. 34. [Cruelty to insane.]-Any person having care of an insane person, and restraining such person either with or without authority, who shall treat such person with wanton severity, harshness, or cruelty, or shall in any way abuse such person shall be guilty of a misdemeanor, besides being liable in an action for damages.

SEC. 35. [Transfer of county insane to hospital.]-Insane persons who have been under care, either as public or private patients, outside of the hospital, by authority of the commissioners of any county, may on application to that effect be transferred to the hospital, whenever they can be admitted thereto, on the warrant of such commissioners; such admission may be had without another inquest, at any time within six months after the inquest already had, unless the commissioners shall deem further inquest advisable.

SEC. 36. [Interrogatories to be given on application for admission.]-In each case of application for admission to the hospital, correct answers to the following interrogatories, so far as they can be obtained, shall accompany the physician's certificate; and if, on further examination, after the answers are stated, any of them are found to be erroneous, the commissioners shall cause them to be corrected. First. What is the patient's name? Married or single? If any children how many? Age of youngest child? Age of patient? Second. Where was the patient born? Third. Where is his (or her) place of residence? Fourth. What has been the patient's occupation? Fifth. Is this the first attack? If not, when did others occur, and what was their duration? Sixth. When were the first symptoms of this attack manifested, and in what way? Seventh. Does the disease appear to be increasing, decreasing or stationary? Eighth. Is the disease variable, and are there rational intervals? If so, do they occur at regular periods? Ninth. On what subjects or in what way is derangement now manifested? State fully. Tenth. Has the patient shown any disposition to injure others? Eleventh. Has suicide ever been attempted? If so, in what way? Is the propensity now active? Twelfth. Is there a disposition to filthy habits, destruction of clothing, breaking glass, etc.? Thirteenth. What relatives, including grandparents and cousins, have been insane? Fourteenth. Did the patient manifest any peculiarities of temper, habits, disposition, or pursuits, before the accession of the disease? Any predominant passion, religious impressions, etc? Fifteenth. Has the patient been subject to any bodily disease-epilepsy, suppressed eruptions, discharge of sores, or ever had any injury of the head? Sixteenth. Was the patient ever addicted to intemperance in any form? Seventeenth. Has restraint or confinement been employed? If so, what kind, and how long? Eighteenth. What is supposed to be the cause of the disease? Nineteenth. What treatment has been pursued for the relief of the patient? Mention particulars and the effect. Twentieth. State any other matter supposed to have a bearing on

the case.

SEC. 37. [Discrimination if there be lack of room in hospital.] If at any time it may become necessary, for want of room, or other cause, to discriminate in the general reception of patients into the hospital, a selection shall be made, as follows: First. Recent cases, i. e. cases of less than one year's duration. Second. Chronic cases, i. e. when the disease is of more than one year's duration, presenting the most favorable prospects of recovery, shall be next pre

ferred. Thira. Those for whom applications have been longer on file, other things being equal, shall be next preferred; and Fourth. When cases are equally meritorious, in all other respects, the indigent shall have the preference.

SEC. 38. [Proceedings upon allegations that person confined in hospital is not insane.]-On a statement in writing verified by affidavit, addressed to a judge of the district court of the county in which the hospital is situated, or of the county in which any certain person confined in the hospital has his or her legal settlement, alleging that such person is not insane, and is unjustly deprived of his or her liberty, such judge shall appoint a commission of not more than three persons, in his discretion to inquire into the merits of the case; one of which shall be a physician and if two or more appointed, one shall be a lawyer. Without first summoning the party to meet them they shall proceed to the hospital and have a personal interview with such person, so managed as to prevent him or her if possible, from suspecting its object, and they shall make any inquiries and examinations they may deem necessary and proper of the officers, and records of the hospital touching the merits of the case; if they shall judge it prudent and advisable they may disclose to the party, the object of their visit and either in the presence of such party, or otherwise, make further investigation of the matter; they shall forthwith report, to the judge making the appointment, the result of their examination and inquiries; such report shall be accompanied by a statement of the case and signed by the superintendent; if on such report and statement, and the hearing of the testimony, if any is offered, the judge shall find the person not insane, he shall order his or her discharge; if on the contrary, he shall so state, and authorize his or her continued detention. The finding and order of the judge with the report and other papers shall be filed in the office of the clerk of the court over which such judge presides, who shall enter a memorandum thereof on his record, and forthwith notify the superintendent of the hospital of the finding and order of the judge, and the superintendent shall carry out the order. The commissioners appointed as provided in this section, shall be entitled to their necessary expenses and a reasonable compensation to be allowed by the judge, and paid by the state out of any funds not otherwise appropriated; Provided, That the applicant shall pay the same, if the judge shall find that the application was made without probable grounds and shall so order. SEC. 39. [Same.]-The commission so provided for shall not be repeated oftener than once in six months, in regard to the same party; nor shall such commission be appointed in the case of any patient within six months of the time of his or her admission.

SEC. 40. [Habeas corpus.]—All persons confined as insane shall be entitled to the benefit of the writ of habeas corpus, and the question of insanity shall be decided at the hearing; and, if the judge shall decide that the person is insane, such decision shall be no bar to the issuing of the writ a second time, whenever it shall be alleged that such person has been restored to reason.

SEC. 41. [Escape of patient.]-If any patient shall escape from the hospital, the superintendent shall cause immediate search to be made for such patient; and if the patient cannot soon be found, he shall cause notice of such escape to be forthwith given to the commissioners of insanity of the county where the patient belongs, and if such patient is found in their county, the commissioners shall cause him or her to be returned, and shall issue their warrant therefor, as in other cases, unless the patient shall be discharged, or unless, for good reasons, they shall provide for his or her care otherwise, of which they shall notify the superintendent.

SEC. 42. [Discharge of patient.]-Any patient who is cured, shall be immediately discharged by the superintendent. Upon such discharge the superintendent shall furnish the patient, unless otherwise supplied, with suitable clothing, and a sum of money not exceeding twenty (20) dollars, which shall be charged with the other expenses in the hospital, of such patient. The relatives of any patient not susceptible of cure by medical treatment in the hospital, and not dan

gerous to be at large, shall have the right to take charge of and move such patient on the consent of the board of trustees; Provided, That in the interim of the meetings of the board, the consent of two of the trustees shall be sufficient.

SEC. 43. [Discharge on application of relatives.]—On the application of the relations or immediate friends of any patient in the hospital who is not cured, and who cannot be safely allowed to go at liberty, the commissioners of insanity of the county where such patient belongs, on making provision for the care of such patient within the county, as in other cases may authorize his or her discharge therefrom; Provided, no patient who may be under charge or conviction of homicide shall be discharged without the order of the board of trustees. SEC. 44. [Discharge of harmless patients.]-The board of trustees shall order the discharge or removal from the hospital of incurable and harmless. patients whenever it is necessary to make room for recent cases; Provided, That in the interim between the meetings of the board, the superintendent, in conjunction with two trustees, shall possess and exercise the power granted in this section. SEC. 45. [Notice to commissioners.]-When patients are discharged from the hospital by the authorities thereof, without application therefor, notice of the order of discharge shall at once be sent to the commissioners of insanity of the county where they belong, and the commissioners shall forthwith cause them to be removed, and shall at once provide for their care in the county as in other cases, unless such patients are discharged as cured.

SEC. 46. [Board of patients.]-The board of trustees shall from time to time, fix the sum to be paid per week for the board and care of patients, and to arrive at such sum shall estimate the total outlay as far as possible from the sums actually paid per annum; and the weekly sum so fixed shall be the sum said hospital shall be entitled to demand for the keeping of any patient, and the certificate of the superintendent attested by the seal of the hospital, shall be evidence in all places, of the amount due as fixed.

SEC. 47. [Superintendent shall certify to auditor amounts due from counties.]-The superintendent shall certify to the auditor of state on the first days of March, June, September, and December, the amount (not previously certified by him), due to said hospital, from the several counties having patients chargeable thereto, and said auditor shall pass the same to the credit of the hospital. The auditor shall thereupon notify the county clerk of each county so owing, of the amount thereof, and charge the same to said county; and the board of county commissioners shall add such amount to the next state tax to be levied in said county, and pay the amount so levied into the state treasury.

SEC. 48. [Estates and relatives not released from liability to pay expenses. The provisions herein made for the support of the insane at public charge, shall not be construed to release the estates of such persons nor their relatives from liability for their support, and the commissioners of the several counties are authorized and empowered to collect from the property of such patients, or from any person or persons legally bound for their support, any sums paid by the county in their behalf, as herein provided; and the certificate from the superintendent and the notice from the auditor of state, stating the sums charged in such cases, shall be presumptive evidence of the correctness of the sum so stated. If the board of county commissioners, in the case of any insane patient who has been supported at the expense of the county, shall deem it a hardship to compel the relatives of such patient to bear the burden of his or her support, they may relieve such relatives from any part or all of such burden, as may seem to them reasonable and just.

SEC. 49. [Discharge of insane by commissioners.]-Whenever it shall be shown to the satisfaction of the commissioners of insanity of any county, that cause no longer exists for the care, within the county, of any particular per son as an insane patient in their county, as herein provided, they shall order the immediate discharge of such person.

SEC. 50. [Pay of commissioners and officers.]-The commissioners of

1

insanity shall be allowed at the rate of three (3) dollars per diem each, for all the time actually employed in the duties of their office; they shall also be allowed their necessary and actual expenses, not including charges for board. The clerk, in addition to what he is entitled to as commissioner of insanity, shall be allowed one-half as much more for making the required record entries in all cases of inquest, and of meetings of the board for any purpose, and for the filing of any papers required to be filed; he shall also be allowed twenty-five (25) cents for each notice or process given or issued under seal as herein required. The examining physician shall be entitled to five dollars for each case examined, and mileage at the rate of ten cents per mile each way. The sheriff shall be allowed for his personal service in conveying a patient to the hospital and returning therefrom, at the rate of three dollars per day for the time necessary and actually employed, and mileage the same as is allowed in other cases, and for other service the same fees as for like services in other cases. Witnesses shall be entitled to the same fees as witnesses in the district court. The compensation and expenses provided for above shall be allowed and paid out of the county treasury in the usual manner. Whenever the commissioners of insanity issue their warrant for the admission of a person to the hospital, and funds to pay the expenses thereof are needed in advance, they shall estimate the probable expense of conveying such person to the hospital, including the necessary assistance, and not including the compensation allowed the sheriff; and on such estimate, certified by the clerk of commissioners of insanity, the county clerk shall issue his order on the treasurer of the county in favor of the sheriff or other person entrusted with the execution of such warrant; the sheriff or other person executing such warrant shall accompany his return with a statement of the expenses incurred; and the excess or deficiency may be deducted from or added to his compensation as the case may be; if funds are not so advanced, such expenses shall be certified and paid in the manner above prescribed, on the return of the warrant. When the commissioners of insanity order the return of a patient, compensation and expenses shall be in like manner allowed.

SEC. 51. [Penalty for neglect of duty.]-Any officer required as herein to perform any act, as herein provided, and any person accepting an appointment under the provisions of this act, and wilfully refusing or neglecting to perform his duty as herein prescribed, shall be guilty of a misdemeanor, besides being liable to an action for damages.

SEC. 52. [Warrant of commissioners.]-The warrant of the commissioners of insanity, authorizing the admission of any person to the hospital as a patient, accompanied by a physician's certificate as herein provided, shall operate to shield the superintendent and other officers of the hospital against all liability to prosecution of any kind, on account of the reception and detention of such person in the hospital; Provided, Such detention shall be otherwise, in accordance with the laws and by-laws regulating its management.

SEC. 53. Seal to be affixed.]-The superintendent shall affix the seal of the hospital to any notice, order of discharge, report or other paper required to be given by him, or issued.

SEC. 54. [Who are meant by "insane."]-The term "insane" as used in this act includes every species of insanity or mental derangement. The term "idiot" is restricted to persons supposed to be naturally without mind; no idiot shall hereafter be admitted into the hospital for the insane; and all such idiots now in said hospital shall be discharged at the expiration of thirty days from the passage of this act, and it is hereby made the duty of the board of trustees to notify the commissioners of insanity of the county from which such idiots were sent, to remove said idiots from the hospital; and in case of neglect or refusal to comply with these provisions within thirty (30) days from the date of said notification, the superintendent shall cause said idiots to be returned. to said counties at the expense of said county-which sum shall be collected in the same manner as provided for patients in section forty-seven of this act.

When such idiots are removed they shall be provided for in the same manner as other poor.

SEC. 55. [Blanks.]-The trustees of the hospital shall provide for furnishing the commissioners of insanity, of the counties entitled to send patients to the hospital, with such blanks for warrants, certificates, etc., as will enable them with regularity and facility to comply with the provisions of the law, and also with copies of the by-laws of the hospital when printed.

SEC. 56. [Chaplain.]-The board of trustees may, if they deem desirable, and upon nomination of the superintendent, appoint a chaplain and prescribe his duties.

SEC. 57. [Insane from other states.]-Insane persons may be admitted from other states and territories upon equal footing and on same conditions as private pay patients. The sum to be paid monthly for the care, maintenance and treatment of such patients to be fixed from time to time by the board of trustees, and to be collected quarterly in advance by the steward of the hospital and accounted for as other funds in his hands belonging to the state of Nebraska.

SEC. 58. [Salary of superintendent and assistant.]-The salary of the superintendent shall be twenty-five hundred dollars per annum and that of the assistant physician one thousand dollars per annum to be paid in the same manner as other state officers.

CHAPTER 41.-INSTRUMENTS NEGOTIABLE.

SECTION 1. [Endorsements.]-All bonds, promissory notes, bills of exchange, foreign and inland, drawn for any sum or sums of money certain, and made payable to any person or order, or to any person or assigns, shall be negotiable, by endorsement thereon, so as absolutely to transfer and vest the property thereof in each and every endorsee successively, but nothing in this section shall be construed to make negotiable any such bond, note, or bill of exchange, drawn payable to any person or persons alone, and not drawn payable to order, bearer or assigns; Provided, That all such bonds, promissory notes, and bills of exchange, made payable to bearer, shall be transferable by delivery without endorsement thereon. [R. S. 239. G. S. 426.]

SEC. 2. [Action by endorsee.]-Any endorsee to whom any such bond, note, or bill of exchange, made negotiable by the preceding section, is made payable by such endorsement or endorsements, may, in his own name, institute and maintain an action on such bond, note, or bill, for the recovery of the money due thereon, against the maker, drawer, or obligor, or against the endorsee, having first used due diligence to obtain the money of the drawer, maker, or obligor.

SEC. 3. [Days of grace.]-All notes, bonds, or bills, made negotiable by this chapter, shall be entitled to three days grace, in the time of payment, and the demand of payment, from the maker, on the third day of grace or of acceptance, if the instrument is a sight draft, and notice of non-payment or non-acceptance thereof to the endorser, within a reasonable time, shall be adjudged due diligence under the provisions of this chapter, unless the endorsement shall express, in writing, other conditions.

SEC. 4. [Defense to suit by endorsee.]-If any such bond, note, or bill of exchange shall be endorsed after the day on which it is made payable, and the endorsee shall institute an action thereon against the maker, drawer, or obligor,

NOTE.-Chap. XXVII, R. S. 239. Chap. 32, G. S. 426. DECISIONS.-Acceptance of draft. 8 Neb. 239. 9 Id. 298. Alteration of negotiable instruments. 5 Neb. 224, 439. 6 Id. 538. 9 Id. 4. 10 Id. 619. Duties of bank officers and rights and liabilities of banks. 1 Neb. 461. 4 Id. 184. 5 Id. 213, 539. 7 Id. 65, 204. 8 Id. 108, 171, 208. Conditions a part of the instrument. 8 Neb. 383. Consideration. 4 Neb. 519. 7 Id. 422. 9 Id. 5, 30, 36, 156, 228. 10 Neb. 207, 287. Conversion. 8 Id. 155. Days of grace. 9 Neb. 298. Defenses and evidence 4 Neb. 179, 192, 335, 427, 431. 6 Id. 505. 7 Id. 128. 10 Id. 412, 457, 505. Estoppel. 8 Neb. 157. Extending time of payment. 5 Neb. 490. 7 Id. 77. Forged note. 9 Neb. 173. Guaranty. 9 Neb. 448. 10 Neb. 289, 292. Indorsement. 2 Neb. 29. 10 Id.288, 291. Lex loci. 1 Neb. 111. 3 Id 332. Liability of payee. 5 Neb. 210. Negotiability. 6 Neb. 381. 8 Id. 12, 24. 10 Id. 287. Notice and protest. 1 Neb, 416. 9 1 211, 10 Id. 341, 619. Note taken for pre-existing debt. 5 Neb. 437. Principal and agent. 8 Neb. 145. Principal and surety. 5 Neb. 490, 540. 6 Id. 451. 7 Id. 58, 145. Release. 1 Neb. 452. Set-off. 7 Neb. 82, 88. Signature falsely obtained. 5 Neb. 251.