. XXVIII

6 unexpired term. The board of directors shall have the 7 custody and control of all property and power to make 8 all rules for the management and control of the effects 9 of the asylum.

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Id., §§ 2, 3.

§ 122. Officers.-The board of directors shall appoint, 2 of their number, a president, a secretary and a treas3 urer. They shall appoint a superintendent, a matron, 4 and employ all assistants that may be necessary for the 5 proper management of the asylum.

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Id., §§ 2. 3.

§ 123. Treasurer to give undertaking.- The treasurer 2 shall, before he receives any money, give an undertak3 ing to the people of the state, with such sureties as the 4 board of directors shall require, to the effect that he 5 will faithfully perform his trust as such treasurer.

ARTICLE VII.

MISCELLANEOUS PROVISIONS.

SECTION 130. Indians.

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131. Female attendants for women in transit to institutions. 132. Attendants in cases of transfer.

§ 130. Indians.- The provisions of this chapter shall 2 apply to the Indians residing within the state the same

3 as to other persons.

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R. S., 2146.

L. 1888, ch. 451.

§ 131. Attendants for women in transit to institutions.- In 2 every order, certificate or direction made by any court, 3 judge, or other officer, for the confinement of an insane, 4 idiotic or feeble-minded woman, to any hospital, public 5 institution or place, not located at the same place where 6 such woman may be at the time such order, certificate 7 or direction is made, such court, judge or officer shall

$132-141.

8 also direct therein that such woman shall have at least 9 one suitable adult woman as an attendant while in cus10 tody, pursuant to such order, certificate or direction, and 11 while going to such hospital, institution or place; and 12 no officer or other person shall keep in his custody or 13 take to such hospital, institution or place, for custody 14 or confinement, any such woman, unless accompanied 15 by such attendant.

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L. 1890, ch. 40.

(Post, p. 1823.)

§ 132. Attendants in cases of transfer.-When any such 2 woman is transferred from one institution to another, 3 or to a place or point outside the city, town or village 4 where the institution is located, the managers, directors 5 or persons in charge of the institution shall cause such 6 woman to be accompanied by one or more women as 7 attendants. The expenses of such attendants, as herein 8 provided, shall be paid by the state, city, town or 9 county liable for the expenses of such woman at the 10 institution to which she is sent.

ARTICLE VIII.

REPEALING AND OTHER CLAUSES.

SECTION 140. Laws repealed.

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141. Saving clause.

142. Construction.

143. When to take effect.

Schedule.

§ 140. Laws repealed. Of the laws enumerated in the 2 schedule hereto annexed, that portion specified in the 3 last column is repealed. Such repeal shall not revive a 4 law repealed by any law hereby repealed, but shall 5 include all laws amendatory of the laws hereby 6 repealed.

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§ 141. Saving clause.- The repeal of a law or any part 2 of it specified in the annexed schedule, shall not affect

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3 or impair any act done, or right accruing, accrued, or 4 acquired, or penalty, forfeiture, or punishment incurred, 5 prior to October 1, 1891, under or by virtue of the 6 laws so repealed, but the same may be asserted, 7 enforced, prosecuted, or inflicted, as fully and to 8 the same extent as if such laws had not been 9 repealed; and all actions or proceedings, civil or 10 criminal, commenced under or by virtue of the laws so 11 repealed and pending September 30, 1891, may be prose12 cuted and defended to final effect, in the same manner as 13 they might under the laws then existing unless it shall be 14 otherwise specially provided by law.

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142. Construction.- The provisions of this chapter, so 2 far as they are substantially the same as those laws exist3 ing on September 30, 1891, shall be construed as a con4 tinuation of such laws, modified or amended, according 5 to the language employed in this chapter, and not as 6 new enactments; and references in laws not repealed, 7 to provisions of law incorporated into this chapter and 8 repealed shall be construed as applying to the pro9 visions so incorporated. Nothing in this chapter shall 10 be construed to amend or repeal any provision of the 11 penal or criminal code.

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§ 143. When to take effect. This chapter shall take 2 effect on October 1, 1891.

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APPENDIX.

Laws to be Repealed by the Insanity Law.

[EXPLANATIONS.-Page reference is to eighth edition of Revised Statutes. Section reference immediately following is to the text of the revision, which will take the place of the law repealed.]

R. S., 2153, section 56 of Revision.

SECTION 1. When any person, by lunacy or otherwise, becomes furiously mad, or so far disordered in his senses as to endanger his own person, or the person or property of others, if permitted to go at large, who is possessed of sufficient property to maintain himself, it shall be the duty of the committee of his person and estate, to provide a suitable place for the confinement of such person, and to confine and maintain him in such manner as shall be approved by the overseers of the poor of the city or town.

§ 2. If such person is not possessed of sufficient property to maintain himself, it shall be the duty of the father and mother, and the children of such person, being of sufficient ability, to provide a suitable place for his confinement, and to confine and maintain him in such manner as shall be approved by the overseers of the poor of the city or town.

§ 3. The overseers of the poor shall have the same remedies to compel such relatives to confine and maintain such lunatic or mad person, and to collect the costs and charges of his confinement, as are given by law in the case of poor and impotent persons becoming chargeable to any town.

§ 4. In case of the refusal or neglect of any committee of such lunatic or mad person, or of his relatives, to confine and maintain such person as aforesaid; or when there is no such committee or relative of sufficient ability, it shall be the duty of the overseers of the poor of the city or town where any lunatic or mad person shall be found, to apply to any two justices of the peace of the same city or town, who upon being satisfied upon examination, that it would be dangerous to permit such lunatic to go at large, shall issue their warrant directed to the constables and overseers of the poor of such