superintendent. The charge for such special care and attendance must be paid quarterly in advance, and the superintendent shall make report thereof to the board. [C. L. § 1980; '96, p. 406. Relatives may be compelled to support insane person, ?2499. 2195. Officers, etc., exempt from jury and militia service. All resident officers, attendants, assistants, and employees in the institution shall be exempt from jury and militia service during the term of their employment. [C. L. § 1982*; '96, p. 407. 2196. Unlawful restraint of insane persons. No person supposed to be insane shall be restrained of his liberty by any other person, otherwise than in pursuance of authority obtained as herein provided, excepting for such a brief period as may be necessary for the safety of persons and property, and until such authority can be obtained. [C. L. § 1984; '96, p. 407. 2197. Compensation of examining physicians. Examining physicians shall be allowed by the board of county commissioners of the county in which the examination is had, five dollars each, unless such physicians shall be otherwise paid. [C. L. § 1985; '96, p. 407. 2198. Costs of examination, how paid. All costs for the examination and commitment, and for suitable clothing at the time of commitment, shall be paid by the county of which such patient shall be a resident. If he be not indigent, the county shall receive the cost thereof from the party liable therefor. [C. L. § 1986; '96, p. 407. 2199. Insane person suffering for want of care. On information laid before the board of commissioners of any county that a certain insane person in the county is suffering for want of proper care, the board shall forthwith inquire into the matter, and if it finds the information well founded, it shall make all needful provisions for the care of such person. [C. L. § 1987; '96, p. 407. 2200. Provision for patient rejected for want of room. On receipt of notice from the board of asylum commissioners, or the superintendent thereof, that any person committed to the asylum has been refused admission therein for want of room, the board of county commissioners shall require that such person be suitably provided for, until such admission can be had, or until the occasion therefor shall no longer exist. If such person is indigent, the county shall be entitled to receive from the state, a sum equal to the amount allowed by the state for cost of care and keeping of indigent patients in the insane asylum. [C. L. § 1988; '96, p. 407. 2201. Attempt to consign person to asylum unlawfully. If any person shall in any wise attempt to introduce another into the asylum contrary to the provisions of this chapter, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum more than fifty dollars and less than three hundred dollars. [C. L. § 1989; '96, p. 407. 2202. Cruelty to insane. Anyone having care of an insane person, who shall unduly restrain such person, either with or without authority, or who shall treat such person with wanton severity or cruelty, or shall in any way abuse such person, shall be deemed guilty of a misdemeanor, besides being liable in an action for damages. [C. L. § 1990; '96, pp. 407-8*. 2203. Trespass on asylum grounds, etc., penalty. If any person shall without permission enter any of the buildings or inclosures appropriated to the use of the patients, or shall make any attempt to do so, or shall enter anywhere upon the premises belonging to the asylum, and commit, or attempt to commit, any trespass or depredation thereon, or if, either from within or without the inclosures, wilfully annoy or disturb the peace or quietness of the institution or any patient therein, upon conviction thereof before a justice of the peace, he may be fined in any sum not less than five dollars nor more than fifty dollars, or may be imprisoned not less than five nor more than fifty days, or may be punished by both such fine and imprisonment, in the discretion of the court. [C. L. 1991; '96, p. 408. 2204. Abducting patient, etc. Penalty. If any person shall abduct or induce any patient to elope or escape from the asylum, or shall attempt to do so, or shall aid or assist therein, he shall, upon conviction thereof, be fined in any sum over fifty dollars and less than three hundred dollars, or be imprisoned not less than fifty days nor more than six months, or may be punished by both such fine and imprisonment, in the discretion of the court. [C. L. § 1992; 96, p. 408. 2205. Bringing paupers, etc., into state. Whoever shall bring or cause to be brought into this state any pauper, idiotic, or insane person with the intent to make such person a charge upon the state, shall be fined one hundred dollars, besides being liable, at the suit of the state, for all damages incurred thereby, and for the cost of transportation to the place whence such pauper, idiot, or insane person shall have come. The board of county commissioners is hereby invested with authority to transport such pauper, idiot, or insane person to the place whence he came. [C. L. 1993; '96, p. 408. County board may prohibit common carriers from leaving non-resident insane in the county, 511, sub. 43. County board may recommend return of insane person, 2187. 2206. Violating law. Penalties. Any person refusing or neglecting to comply with, or wilfully and knowingly violating any of the provision of this chapter, except where another penalty is herein provided, shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, or be imprisoned not more than three years, or be punished by both such fine or imprisonment, at the discretion of the court. [C. L. 1994; '96, p. 408. CHAPTER 8. BRANCH OF STATE MINERS' HOSPITAL. 2207. Establishing branch hospital. There shall be established at Park City, Summit county, a branch of the State Miners' Hospital for the treatment of the sick and disabled miners of the state, to be known as the Branch of the State Miners' Hospital. ['97, p. 241. Land grant, Enabling Act, sec. 12. 2208. Commission to control. The government and control of the Branch of the State Miners' Hospital shall be vested in a board of commissioners to consist of the governor and two other members appointed by the governor, by and with the consent of the senate, who shall be known as the board of commissioners of the Branch of the State Miners' Hospital. ['97, p. 241. 2209. Powers of board. The board may contract and be contracted with, and may sue and be sued, in all matters concerning the hospital. It may take and hold by purchase, gift, bequest, or devise real and personal property required for its uses, and it may convert property and credits received by gift, bequest, or devise, and not suitable for its use, into money and property available for its uses. ['97, pp. 241-2. 2210. Organization, rules, etc. The board may appoint a secretary, a treasurer, a medical superintendent, and such other officers as it may deem necessary, and may make by-laws for its own government, and shall have general control and management of the affairs of the hospital. A majority of the members of the board shall constitute a quorum for the transaction of business. [97, p. 242. To purchase supplies and erect buildings by contract, 2067-2069. Officer or employee not to be interested in contract, etc., 2066. Warrant drawn in favor of treasurer, 2070. 2211. Removal of employees. The board may remove any officer or employee of the hospital by a majority vote of its number, for neglect of duty or for refusal to comply with the by-laws made for the establishment and government of the institution. ['97, p. 242. 2212. Board to certify number of patients. On or before the first day of January of each year, the board shall certify to the state auditor the number of indigent patients, the number of pay patients, and the number of patients who pay in part, and also the amount paid by each. ['97, p. 242. 2213. Application for admission to hospital. Application for admission to the hospital must be made to the medical superintendent under such rules and regulations as the board may establish. ['97, p. 242. 2214. Id. Costs of treatment. In case a person received into the hospital shall be possessed of property sufficient to pay the costs of treatment, or any part of the same, he shall be admitted on such terms as the board may fix; provided, that the hospital shall be free to any indigent miner. ['97, p. 242. 2215. Expenses. Special care. The relatives or friends of any patient in the hospital may pay any portion or all of his expenses therein. Patients who desire it, and shall be able to pay the expenses thereof, may be provided with a special attendant or have such other special care as the superintendent may deem expedient. ['97, p. 242. 2216. Infectious or contagious diseases. No patient having an infectious or contagious disease shall be admitted into the hospital. ['97, p. 242. 2217. Donation of site a condition precedent. This chapter shall take effect only upon condition that there shall be donated and conveyed to the state a suitable site for such hospital, to be subject to the approval of the board of commissioners herein before provided for, and on the further condition that there shall be donated and actually paid to the said board of commissioners the sum of five thousand dollars as a fund to assist in the building of the hospital herein provided for. ['97, p. 242. 2218. Building. Maintenance. Bequests. Reports. The sum of five thousand dollars is hereby appropriated to be used under the direction and control of the said board of commissioners in the erection of a building for such hospital. The board of commissioners may expend in the maintenance of the hospital such sums as may be paid into the same by patients, and may also receive gifts, bequests, and devises of personal and real estate, and apply the same, or the proceeds thereof, according to the intention of the donors, for the use and benefit of the hospital. The board shall make semi-annual reports to the governor of all its transactions. ['97, p. 243. 2219. Object. CHAPTER 9. STATE PRISON. The state prison, situated in the county of Salt Lake, shall be for the confinement of persons lawfully sentenced thereto. ['96, p. 252*. Location, Con. art. 19, sec. 3. Land grant, Enabling Act, sec. 12. Land held in trust, Con. art. 20, sec. 1. 2220. Board of corrections. The government and control of the state prison, and the charge of its general interests and affairs shall be vested in a board of corrections to consist of four members, not more than two of whom shall be of the same political party. At the expiration of the respective terms of the present members the successor of each shall be appointed for the term of four years. The governor shall be ex officio a member of said board. ['96, p. 252*. Appointment of members; filling of vacancies, ?? 2064, 2065. 2221. Id. Oaths and bonds. Each member of the board shall qualify by taking the constitutional oath of office and by giving a bond, with sufficient sureties, to the state of Utah, in the penal sum of one thousand dollars, conditioned for the faithful performance of his duties. Such bond must be approved by and delivered to the secretary of state. 2222. Id. Powers. The board of corrections may contract and be contracted with, and may sue and be sued in all matters concerning the state prison. ['96, p. 255. 2223. Id. To serve without compensation. Expenses. The members of the board of corrections shall receive no compensation for their time or services, save their actual and reasonable expenses incurred in the performance of their official duties, the account for which to be verified on oath, shall be paid by the state treasurer, on the warrant of the state auditor, out of moneys in the treasury not otherwise appropriated. ['96, p. 252. 2224. Officers of prison. Oaths and bonds. The officers of the state prison shall consist of a warden, who shall be the principal keeper, one deputy warden, one clerk, who shall also be a keeper, one physician who is a surgeon, a matron, and as many keepers and guards as the warden and the board may deem necessary. The board may appoint persons having the necessary practical knowledge to be overseers of such work as may hereafter be established, when, in its judgment, such appointments will promote the efficiency of the prison labor. Each of said officers, before entering upon the duties of his office, shall take and subscribe the official oath prescribed in the constitution, and file the same with the secretary of state. ['96, p. 253. 2225. Warden. Appointment and removal. The board shall appoint the warden, who shall hold office during its pleasure. He shall possess the ability and qualifications necessary to successfully carry on the industries of the prison, and be one who has the executive ability essential to the proper management of the officers and employees under his jurisdiction, and to enforce and maintain proper discipline in every department, and the board shall have power to remove him for cause, after opportunity shall have been given him to be heard, upon written charges. No warden shall be removed except for cause. The board shall be the sole judges of the sufficiency of the cause, and any and all of its decisions shall be final. ['96, p. 253. 2226. Other officers. The deputy warden and all other officers and employees of the prison shall be appointed by the warden of the prison, subject to the approval of the board, and shall hold their offices during the pleasure of the warden and the board. ['96, p. 253. 2227. Warden to reside at prison. Bond. The warden shall reside at the prison in apartments to be assigned to him by the board. He shall be in constant attendance at the prison except when absent on some necessary duty, or sick, in which case his duties during his absence or illness shall be performed by the deputy. In no case shall the warden and deputy warden be absent from the prison at the same time. Before entering upon the duties of his office, the warden of the prison shall execute to the state a bond with two or more sufficient sureties, in the penal sum of twenty thousand dollars, conditioned that he shall faithfully account for all money and property that may come into his hands by virtue of his office, and perform all the duties incumbent upon him as such warden, according to law. The bond shall be approved by the board and delivered to the secretary of state. ['96, pp. 253-4. 2228. Warden to keep daily journal. The warden shall keep a daily journal of the proceedings of the prison, in which he shall note every infraction of the rules and regulations of the prison by any officer or guard thereof, which shall come to his knowledge, and he shall make a memorandum therein of every complaint made by any convict of cruel or unjust treatment by any officer of the prison, or of a want of good and sufficient food or clothing; and also of every infraction of the rules and regulations of the prison by any prisoner, naming him and specifying the offense; and also what punishment and the extent thereof, if any, shall have been inflicted. The journal shall be laid before the board of the prison at every stated meeting, and at every special meeting when demanded. ['96, p. 254. 2229. Duties of warden. It shall be the duty of the warden under the rules and regulations adopted by the board for the government of the prison: 1. To exercise a general superintendency over the government, discipline, and police of the prison, and to superintend all the business concerns thereof. 2. To give necessary directions to all inferior officers, keepers, and guards, and to examine whether they have been careful and vigilant in their respective duties. 3. To examine daily into the state of the prison, and the health, conduct, and safe keeping of the prisoners. 4. To use every proper means to furnish employment to prisoners most beneficial to the state and best suited to their several capacities. 5. To superintend any manufacturing and mechanical business that may be carried on by the state, pursuant to law, within the prison; to receive the articles manufactured, and to sell and dispose of the same for the benefit of the state. 6. To take charge of the realty attached to, and of the personalty belonging to the prison. 7. To inquire into the justice of any complaint made by any of the convicts relative to their provisions, clothing, or treatment. 8. To be, under the direction of the board, the custodian of appropriations made by the legislature and drawn from the state treasury, and of all funds belonging to the prison and arising from the labor of the convicts or the sales of manufactured articles. 9. And generally to have charge of all departments of the prison and its officers as the executive head. ['96, pp. 254–5*. Warrants drawn in favor of warden, ? 2070. 2230. Id. Monthly financial report. The warden shall make a monthly report to the board of all moneys received by him from every source by virtue of his office, and of all sums paid and expended by him, with lawful vouchers therefor. The report must also state the balance in his hands. ['96, p. 255. 2231. Id. To take charge of convict's personal effects. The warden shall take charge of the property which a convict may have about his person when received at the prison. The money so taken shall be placed in the prison accounts to the credit of the convict from whom it is taken; the other property, if of any value, and not of a perishable nature, shall be kept by the warden and returned to the convict when he shall be discharged, or all shall be delivered to his legal representatives in case of his death before being released; provided, that if no legal representative shall demand such property within two years after the death of the convict, the whole of it shall become the property of and be applied to the use of the state. ['96, p. 255. 2232. Clerk of prison. Bond. The clerk of the prison, before entering upon the duties of his office, shall execute a bond to the state, with sufficient sureties, to be approved by the board, in the penal sum of five thousand dollars, conditioned that he will keep a true, honest, and faithful record of the accounts of the prison, and pay over all moneys that may come into his hands as such clerk, and will faithfully discharge all the duties of such office as prescribed by law and the rules and regulations of the prison. The bond shall be filed in the office of the secretary of state. ['96, pp. 255–6. 2233. Id. Duties. It shall be the duty of the clerk of the prison: |