said institution certified to by the secretary of the Board of Control to the auditor of said county, that such indigent person is a regular and proper inmate of such institution and of the sum so fixed by the board as a condition of admission, said auditor shall immediately remit to the superintendent of said institution the sum so fixed, and a like amount annually thereafter, so long as such person remains an inmate of said institution; said superintendent shall transmit the funds so received to the state treasurer to be credited to the proper funds of said institution as required by law in the case of other current receipts, and said board shall have authority to reimburse pro rata the persons and counties so paying respectively from the general support fund of the institution in case of the death or removal of such person so admitted, before the termination of the annual period for which such payment is made. (3442, 3443.)

HOSPITALS AND ASYLUMS FOR THE INSANE.

1915. Location and Confirmation-The State Hospitals for the Insane. at St. Peter, Rochester, and Fergus Falls, and the State Asylums for the Insane at Anoka and Hastings, shall be maintained, under the general management of the Board of Control, and all conveyances and transfers of land, buildings, property, and funds heretofore made for any of them, are hereby confirmed. The chief executive officer of each shall be known as the supertendent. The superintendent and corps of physicians at the Fergus Falls Hospital shall continue to be of the School of Homeopathy. (3447; '99, c. 230.) 1916. Assignment of Patients-Said board shall determine to what hospital or asylum patients shall be committed from each county, and notify the probate judge thereof, and of changes made from time to time. (3455.)

1917. Death, Illness, etc.-Notice-Each superintendent shall give to the next of kin of any inmate immediate notice of his death, serious illness, or special change in his condition, and shall promptly and fully answer all letters of inquiry from relatives. Immediately after the death of a patient therein, he shall furnish for registration, to the proper clerk or health officer, and to the probate judge of the county from which he was committed, a certificate of the name of the patient, his age, the duration of his last sickness, and the cause and date of his death. The expenses of all coroners inquests upon persons dying in such institution shall be paid from the appropriation for its current expenses. (3459.)

1918. Inmates May Select Correspondents, etc.-Any inmate of such hospital or asylum may select a correspondent outside the institution, with whom he may freely, correspond without censorship, and may change the same once in each quarter. He may also in the same manner correspond with the Governor and the Board of Control. The superintendent shall register the name and postoffice address of every such correspondent, a copy of which register shall be posted in some public place in the institution. Within three days after such selection by an inmate, the superintendent shall notify the correspondent thereof, and, in case of his refusal to act, shall notify the inmate, who may select another. Each correspondent shall endorse his name and address upon all envelopes sent to such inmat. (3474,3475.)

1919. Duties of Superintendent-Such inmate shall be furnished with necessary paper and stamped envelopes for such correspondence, and with a postal card addressed to himself, having a form of receipt for the letter on the reverse side, to be enclosed therein. Such letter and postal card, when

enveloped, sealed, directed, and delivered to the superintendent or an assistant physician, shall be mailed forthwith, without being opened or read. Every letter received from such correspondent, governor, or board shall be delivered to the inmate unopened, unless there appear to be good reasons to the contrary, in which case the superintendent shall communicate such reasons to the writer. The facts in reference to such correspondence shall be at once entered in the register. A copy of this section and sections 1917, 1918, printed in pica type, shall be framed and posted in each ward of such institutions, and every violation of or non-compliance with their provisions shall be a misdemeanor. (3478, 3479.)

1920. Notice of Escape-Whenever a state prison or reformatory convict who has been committed to a hospital or asylum for the insane escapes therefrom or dies therein, the superintendent shall immediately notify the chief executive officer of such prison or reformatory of such fact. (3487.)

1921. Incurable Insane-Whenever the superintendent shall report to the Board of Control that any insane person in such institution or under his charge is incurable or not likely to be further benefited by treatment, that he may be safely cared for in a private family, and that his own family are not able to support him, said board may authorize the superintendent to procure board for him in a suitable private family, at an expense not exceeding three dollars per week, to be paid from the current expense fund of the institution. Such superintendent, or an assistant physician or other person delegated by the superintendent, shall visit him as often as once in three months, and may at any time direct his return to the institution. (3489.)

1922. Parole of Inmates-The superintendent, whenever he deems it advisable that a patient should return home or remain away from the institution on trial, may allow him to be absent on parole for a period not exceeding six months. The order of commitment shall remain in force until he is legally discharged, and he may be recalled at any time. (3490.)

1923. Discharge of Patients-Such superintendent may discharge any patient certified by him to be recovered, unless charged with or convicted of some criminal offense. In all other cases, patients shall be discharged only by the Board of Control. Whenever the superintendent recommends the discharge of a patient, improved or unimproved, he shall state his reasons therefor. (3491.)

1924. Feeble-Minded Children-The superintendent of every such institution, with the approval of said board, shall from time to time select from the patients therein such idiotic and feeble-minded children or youths as, in his opinion, are proper subjects for training and instruction, and transfer them, or as many thereof as can be received, to the School for the FeebleMinded. (3492.)

1925. Clothing and Money-Every inmate of any state hospital or asylum for the insane shall be furnished with suitable clothing at the expense of the State, and when discharged, if necessary, with sufficient money to defray his expenses home or to his friends, all of which shall be paid out of the current expense fund of the institution. (3493.)

1926. Annual Report-On or before September 1, in each year, the superintendent of each of such institutions shall report to the Board of Control the number of insane therein on July 31 preceding, giving the numbers of

male and female and of the idiotic and epileptic separately, and a statistical exhibit of the admissions, discharges, and deaths, with causes of death, and such other facts and information as said board may require. Neglect to so report shall be a misdemeanor. (3498.)

SANATORIUM FOR CONSUMPTIVES.

1927. Advisory Commission-The advisory commission of the State Sanatorium for Consumptives shall consist of five licensed physicians, appointed by the Governor, and shall at all times include at least one homeopathic physician. Each shall hold office for five years, and until his successor qualifies. Every vacancy shall be filled by like appointment for the unexpired term. For cause, the governor may remove any commissioner. No member shall receive any compensation for his services as such, but each shall be allowed necessary expenses, incurred in the performance of his duties, payable by the State. ('03, c. 316, s. 1.)

1928. Buildings-Superintendent-From the moneys appropriated for the purpose, the Board of Control shall erect and equip buildings, suitable for the care of consumptives, upon the site heretofore acquired therefor.. All plans for buildings must be approved by the advisory commission. The board shall appoint a licensed physician to be superintendent of the sanatorium. Subject to the authority, and approval of the board, he shall have entire charge of the administration thereof, appoint all employees and fix their compensation, pass upon the admission and discharge of patients and supervise their treatment, and keep such books and records as the board may require. ('03, c. 316, ss. 3, 4, 6, 8.)

1929. Admission-Examination-Expense, How Paid-Only persons who have resided in the State throughout the year preceding application, and who are afflicted with incipient pulmonary tuberculosis, shall be received into the sanatorium. Persons desiring admission shall apply to the superintendent, and all applications shall be numbered in the order of receipt. When a vacancy exists, the superintendent shall give to the person whose name is first upon the list an order for examination, directed to an examining physician of his county. The advisory commission shall appoint such physicians, not exceeding three for each county, whose fee for examination shall be three dollars, payable out of funds appropriated for the sanatorium. The examiner shall determine whether applicant is afflicted as aforesaid, and report his conclusion to the superintendent. The board shall fix the amount to be charged for maintenance and treatment. A person unable to pay such charges, and without kindred legally liable therefor and able to pay, may be admitted on request of his county board, and the charges shall be paid by the county. ('03, c. 316, ss 7-9.)

1930. Appropriation-So much of the sum of twenty-five thousand dollars, appropriated by Laws 1903, c. 316, as is unexpended when the Revised Laws take effect, is hereby appropriated for the erection and equipment of said buildings. ('03, c. 316, s. 11.)

CHAPTER 105

STATE PRISON AND STATE REFORMATORY.

STATE PRISON.

5432. Location and Management-The state prison shall be continued at its present site in Stillwater for the confinement and reformation of convicts, and be under the general management of the Board of Control. ('94, s. 7449.)

5433. Contractors not to be Employed-Compensation-No prison contractor or his agent or employee, and no person directly or indirectly interested in any business carried on therein, shall hold office or employment in said prison. Nor shall any officer or employee therein be directly or indirectly interested in any contract, purchase or sale for or on account of the prison, or receive any compensation for services performed for or on behalf of any contractor, or for his services other than that prescribed by law. And no official or employee shall receive any gift from a prisoner therein, or any money or other consideration for services rendered or to be rendered to him. Every contractor, his agent or employee, violating any provision of this section, shall be thereafter barred from obtaining any contract for labor in said prison, and every officer or employee violating the same shall be discharged, and thereafter disqualified from holding any position therein. ('94, ss. 7469, 7470; '95, c. 154, s. 16.)

5434. Visitors-Fees-The members of the State Board of Control, the Governor, Lieutenant Governor, members of the Legislature, state officers, and regularly authorized ministers of the gospel may visit the prisoners at pleasure, but no other persons, without special permission of the Warden, under rules prescribed by said board. A moderate fee may be required of visitors, other than those allowed to visit at pleasure. Such fees shall be used to defray expenses of ushers for conducting such visitors, for the maintenance of the prison library, the prison band, and other entertainments of the inmates. ('94, ss. 7473, 7487.)

5435. Clothing and Food-Money on Discharge-Convicts shall be supplied with substantial, wholesome food in sufficient quantities, and bedding and clothing of coarse material. Upon discharge the Warden, at the expense of the state, shall furnish each convict released with one good, serviceable suit of clothing and underclothing. and, when released between October 1 and March 31 following, with a good serviceable overcoat; and he shall pay to each convict, when released, $25 in money drawn from the current expense fund. ('94, ss. 7474, 7475; '97, c. 243.)

5436. Commitment Papers-Duty of Clerk and Officer-The clerk of every court by which a criminal shall be sentenced to the state prison or state reformatory shall furnish the officer or person having such criminal in charge, a record containing a copy of the indictment and plea, the name and residence of the judge presiding, of the jurors, and of the witnesses sworn on the trial, such synopsis of the testimony as the judge may direct, the

charge of the court, the verdict, and the sentence, with the date thereof, which record, duly certified by such clerk under his official seal, may be used as evidence against such criminal in any proceeding for release taken by him by habeas corpus. The synopsis above referred to shall be furnished by the stenographer acting on the trial, and, in case there is none, by the county attorney. The clerk shall also deliver to the sheriff or other officer or person conveying such convict to the state prison, state reformatory, or other place of confinement specified therein, a certified commitment directing him to deliver such convict and the aforesaid copy of record to the principal officer in charge of the prison or reformatory, and take his receipt therefor. ('94, ss. 3592, 7476, 7508.)

5437. United States Convicts-Every convict duly committed to said prison by authority of the United States shall be received, maintained, and disciplined in compliance with his sentence, in the same manner as other prisoners therein, upon payment made by the United States of forty cents per day, the cost of all discharge clothing furnished, the expense of every additional guard required, and $1 per month for the use of the convict. (94, s. 7478.)

5438. Discipline-If any convict shall offer violence to any officer, guard, or any other person or convict, they may defend themselves in any manner and by any means which may appear to be necessary under the circumstances. If any such convict shall attempt to injure the buildings or appurtenances, or to resist the lawful authority of any officer or guard, or shall refuse to obey their reasonable demands, such officer or guard may enforce obedience and discipline in such manner as may appear necessary; and if, in so doing, any convict so resisting lawful authority shall be necessarily wounded or killed by such officer, guard, or assistants, they shall be held justified. ('94, ss. 7479, 7480.)

5439. Separate Cells-Whenever there are cells sufficient, each convict shall be confined in a separate cell. ('94, s. 7481.)

5440. Intoxicating Liquors-No spirituous or fermented liquors shall be brought into or upon the grounds of the prison, under any pretense whatever, except by direction of the prison physician. ('94, s. 7482.)

5441. Convicts may Communicate with Warden or Board-Every convict may communicate, in writing, with the Warden and Board of Control, under regulations prescribed by said board for that purpose. ('94, s. 7483.)

5442. Contagious Disease-Removal of Convicts-In case of an epidemic of any infectious or contagious disease in sald prison, whereby the health or the lives of the prisoners may be endangered, the Warden, with the approval of the Board of Control, may cause the prisoners so affected to be removed to some other secure and suitable place or places for care and treatment; and, should said prison be destroyed, in whole or in part, by fire or other casualty, so as to become unsuitable for proper detention and custody of the convicts, the Warden, with the approval of said board, may remove them, or any number thereof, to such other safe and appropriate place as may be provided. ('94, s. 7484.)

5443. Reward for Escaped Convicts-Upon the escape of a convict from the state prison or reformatory, the Warden or Superintendent, as the case may be, shall use all proper means for his apprehension and return, and for