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CHAPTER 79.

When inform

ing be given.

LUNATICS AND DRUNKARDS.

AN ACT Concerning Lunatics and Habitual Drunkards.

Be it enacted by the Conncil and House of Representatives of the Territory of Wyoming :

SECTION 1. If information in writing be given to the probate ation in writ- judge, that any person in the county is an idiot, lunatic, or person of unsound mind, or an habitual drunkard, and incapable of managing, and praying that an inquiry thereinto be had, the court, if satisfied that there is good cause for the exercise of its jurisdiction, shall cause the facts to be inquired into by a jury.

Information

given.

SEC. 2. Such information may also be given in the vacation of may also be said court, to the judge thereof, in which event he shall call a special term of the court for the purpose of holding an inquiry, whether the person mentioned in such information be of unsound mind, or an habitual drunkard, or not.

The probate court may.

When to m'ke application to probate court.

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court

SEC. 3. In proceedings under this act, the probate court may, in its discretion, cause the person alleged to be of unsound mind, or an habitual drunkard, to be brought before the court.

SEC. 4. Whenever any judge of the probate court, justice of the peace, sheriff, coroner, or constable, shall discover any person resident of his county, to be of unsound mind or an habitual drunkard, (as in the first section of this act mentioned) it shall be his duty to make application to the probate court for the exercise of its jurisdiction, and thereupon the like proceedings shall be had, as in the case of information by unofficial persons.

SEC. 5. If it be found by the jury that the subject of inquiry shall appoint is of unsound mind, or an habitual drunkard, and incapable of managing his or her affairs, the court shall appoint a guardian of the person and estate of such person.

Costs, how paid.

Ditto.

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SEC. 6. When any person shall be found to be insane, or an habitual drunkard, according to the preceding provisions, the cost of the proceedings shall be paid out of his estate, or, if that be insufficient, by the county.

SEC. 7. If the person alleged to be insane or an habitual drunkard, shall be discharged, the costs shall be paid by the person at whose instance the proceeding is had.

SEC. 8. The court may, if just cause appears at any time durbe impaneled. ing the term at which an inquisition is had, set the same aside

and cause a new jury to be impaneled to inquire into the facts, but when two juries concur in any case, the verdict shall not be

set aside.

SEC. 9. Every guardian of a person of unsound mind, or an Guardian habitual drunkard, before entering upon the duties assigned him, give bond. shall enter into bond to the Territory of Wyoming in such sum and with such security as the court shall approve, conditioned that he will take due and proper care of such insane person or habitual drunkard, and manage and administer his estate and effects to the best advantage, according to law, and will faithfully do and perform all such other acts, matters and things touching his guardianship, as may be prescribed by law, or enjoined on hin by the order, sentence or decree of any court of competent jurisdiction.

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SEC. 10. The court may, at any time, require of any such Additional guardian to give a new bond, or additional security, as the circumstances of the case shall require, and if any order for that purpose be not complied with, within a reasonable time, to be therein named, the appointment of the guardian may be revoked and another appointed, who will give the bond and the security required.

SEC. 11. Every bond given by such guardians shall be deposited Dep'sit'd with with the judge of the probate court making the appointment, and judge of proa copy thereof duly certified by said judge, shall be evidence in all respects as the original.

SEC. 12. It shall be the duty of every such guardian, within Notice of apthirty days after his appointment, to cause a notice thereof to be pointment. published, at such time and in such manner as the probate court

shall order.

SEC. 13. Every such guardian shall take charge of the person Guardian committed to his charge, and provide for his support and mainte- support nance as hereinafter directed.

person.

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SEC. 14. It shall be the duty [of the guardian] to collect and Take possestake into his possession, the goods, chattels, moneys and effects, sion of goods. books and other evidences of debt, and all writings touching the estate, real and personal, of the person under his guardian

ship.

SEC. 15. Within three months after his appointment, such Inventory. guardian shall make out and file with the probate court by which he was appointed, a just and true inventory of the real and personal estate of his ward, stating the income and profits thereof, and the debts, credits and effects, so far as the same shall have come to the knowledge of such guardian.

SEC. 16. Whenver any property belonging to such estate shall Additional inbe discovered after filing any inventory, it shall be the duty of ventory. the guardian to file as aforesaid, an additional inventory, containing a just and true account of the same from time to time, as the same shall be discovered.

SEC. 17. All such inventories shall be made in the presence of, Attested. and attested by, two credible witnesses of the neighborhood, and shall be verified by oath or affirmation of the guardian.

SEC. 18. It shall be the duty of every such guardian to prose

defend.

Prosecute and cute and defend all actions instituted in behalf of, or against his ward, to collect all debts due or becoming due to his ward, and give acquittances and discharges therefor, and to adjust, settle, and pay all demands due, or becoming due from his ward, so far as his effects and estate will extend, as hereinafter provided.

Order of court

Petition to sell, etc.

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Order for sale, etc.

Terms of sale, etc.

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SEC. 19. Every probate court by whom any insane person or habitual drunkard is committed to guardianship, may make an order for the restraint, support and safe keeping of such person, for the management of his estate, for the support and maintenance of his family and education of his children, out of the proceeds of such estate; to set apart and reserve for the payment of debts, and to let, sell or mortgage any part of such estate, real or personal, when necessary for the purposes above specified.

SEC. 20. Whenever the personal estate of any such insane person or habitual drunkard, shall be insufficient for the discharge of his debts, the maintenance of himself and his family, or the education of his children, it shall be the duty of the guardian to apply by petition to the court by which he was appointed, praying authority to mortgage, lease or sell the whole, or as much of the real estate of such person as shall be necessary to supply the deficiency.

SEC. 21. The petition shall set forth the particulars of the amount of the estate, real and personal, of such insane person or habitual drunkard, and of the debts by him owing, accompanied by a full, true and perfect account of the guardianship of the petitioner, showing the application of the funds which may have come to his hands.

SEC. 22. If it appears to the court upon examination of the matter, that the personal estate is insufficient for the purposes above mentioned, and that the property has been applied as far as the circumstances of the case rendered proper, the court shall make an order directing the mortgage, lease or sale of the whole, or such part, of the estate as may be necessary or proper.

SEC. 23. The court, making such order, shall direct the time and terms of sale, or if a mortgage or lease be ordered, the terms of such mortgage or lease, and the manner in which such proceeds shall be secured, and the income or produce thereof, be appropriated.

SEC. 24. When a sale of real estate shall be ordered, the guardian shall cause notice of the time, place and terms of sale, together with a description of the property to be sold, to be published four weeks successively in some newspaper in, or nearest to, the county in which the premises to be sold are situated, and shall also put up like notices at six of the most public places in such county, six weeks before the day of sale.

SEC. 25. Such guardian shall, at the time and place appointed sell lands, etc. for the sale, sell such lands at public auction to the highest bidder, and make report of his proceedings to the court at the term next succeeding the sale.

Report

be verified.

Shall SEC. 26. The report shall be verified by the affidavit of the guardian, which affidavit shall also state that such guardian did not, directly or indirectly, become the purchaser of the property sold, and that he was in nowise interested in the purchase thereof.

execute a deed

SEC. 27. If the court approve the proceedings, the guardian Guardian sh'll shall execute a deed to the purchaser, reciting the order of sale, and conveying to the purchaser, all the estate, right, title and interest of such insane person to the estate sold.

SEC. 28. If the report be disapproved, the court may set aside Court may set the sale, and order all money paid to be refunded, and all securi- aside sale. ties given to be canceled, and may renew the order of sale as often as may be necessary, until the proceedings are approved.

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SEC. 29. When the court shall order a lease or mortgage of When any estate, no deed or instrument of writing shall be executed for lease. that purpose, until the court shall have approved the agreement made by the guardian under such order.

court order

etc., whed val

SEC. 30. Every conveyance, mortgage, lease and assurance, Conveyance, made under the order of a probate court pursuant to the provis- id. ions of this act, shall be as valid and effectual as if the same had been executed by such insane person or habitual drunkard, when of sound memory and understanding, or temperate.

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render acco`nt

SEC. 31. Every guardian appointed under this act, shall, once Guardian a year, or oftener, if thereto required by the court appointing him, render to such court a just and true account of his guardianship, and make settlement thereof with such court.

binding.

SEC. 32. No contract of any person found to be of unsound Contract not mind, or an habitual drunkard, as hereinbefore specified, which shall be made without the consent of his guardian, shall be valid or binding, and such guardian may sue for the recovery of any money or property which may have been sold or disposed of by his ward, without his consent.

SEC. 33. No such insane person or habitual drunkard shall be held to bail, nor shall his body be taken in execution on any civil

Not held to bail.

guardian.

action. SEC. 34. In all actions commenced against such insane person Process on or habitual drunkard, the process shall be served on his guardian; and, on judgment against such person or his guardian as such, the execution shall be against his property only, and in no case against his body, nor against the body or estate of such guardian, unless he shall have rendered himself liable thereto by false pleading or otherwise.

right mind.

SEC. 35. If any person shall allege in writing, verified by oath Restored to or affirmation, that any person declared to be of unsound mind, or an habitual drunkard, has been restored to his right mind, or to temperate habits; the court by which the proceedings were had, shall cause the facts to be inquired into by a jury.

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SEC. 36. If it shall be found that such person has been restored Discharg'da'd to his right mind, he shall be discharged from care and custody, settle. and the guardian shall immediately settle his accounts, and restore to such person all things remaining in his hands belonging or appertaining to him.

SEC. 37. In case of the death of any such insane person or Death of inhabitual drunkard while under guardianship, the power of the sane person. guardian shall cease, and the estate descend and be distributed in

the same manner as if such person had been of sound mind and temperate habits, and the guardian shall immediately settle his

Removal guardians.

Settlement.

of

Power of probate court.

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Who may make order of

accounts and deliver the estate and effects of his ward to his personal representatives.

SEC. 38. The several probate courts shall have power to remove such guardians at any time for neglect of duty, or mismanagement, or disobedience to any lawful order, and appoint others.

SEC. 39. Whenever any such guardian shall be removed from his trust, he shall immediately settle his accounts, and render to his successor the estate and effects of his ward.

SEC. 40. The probate court shall have full power to control the guardian of any such insane person or habitual drunkard, in the management of the person and estate, and the settlement of his accounts, and may enforce and carry into execution their orders, sentences and decrees in the same manner as a court of chancery.

SEC. 41. If any person, by lunacy or otherwise, shall be furiously mad, or so far disordered in his mind as to endanger his own person, or the person or property of others, it shall be the duty of his or her guardian, or other person under whose care he or she may be, and who is bound to provide for his or her support, to confine him or her in some suitable place, until the next sitting of the probate court of the county, who shall make such order for the restraint, support and safe keeping of such person as the circumstances of the case shall require.

SEC. 42. If any person, as in the last preceeding section is confinement. specified, shall not be confined by the person having charge of him, or there be no person having such charge, any judge of a court of record, or any two justices of the peace, may cause such insane person to be apprehended, and may employ any person to confine him or her, in some suitable place until the probate court shall make further order therein, as in the preceding section specified.

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SEC. 43. The expenses attending such confinement shall be paid by the guardian out of his estate, or by the person bound to provide for and support such insane person, or the same shall be paid out of the county treasury.

SEC. 44. In all cases of appropriations out of the county treasury, for the support and maintenance, or confinement of any insane person, the amount thereof may be recovered by the county from any person who, by law, is bound to provide for the support and maintenance of such person, if there be any of sufficient ability to pay the same.

SEC. 45. This act shall take effect and be in force from and after its passage.

Approved, December 9, 1869.

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