institutions under its charge, and distribution thereof made as occasion may demand; provided, that no butter or cheese not made wholly and directly from pure milk and cream, salt and harmless coloring matter shall be purchased for or used in any of the charitable, reformatory or penal institutions of the state.

(3) On the receipt of property purchased he shall compare the articles received with the bills therefor, and 'see that they are correct as to quality, quantity and the price charged, and to every bill which shall be so found he shall attach a certificate setting forth the fact that he has made such examination and has proven the extensions and footings and that the bill is in all respects just and correct. All such bills shall be laid before the board at its next regular meeting for allowance, and no bill or account shall be audited nor any appropriation made for the payment thereof which shall not be so first certified and presented, and verified by the affidavit of the claimant or his agent.

(4) No bills incurred by said board in the management of such institutions shall be paid until they have been audited by it, and a list of such bills as allowed, containing the names of the persons in whose favor they are allowed, the purpose and institution for which they were incurred, shall be made and certified by the president or secretary of the board and filed with the secretary of state as often as once in each month. Warrants therefor in favor of each claimant shall be drawn on the state treasurer and delivered to the secretary of said board, who shall transmit them to the payees. [Stats. 1917 s. 561 m, 561 o; 1919 c. 328 s. 14.]

46.10 Settlements between the state and the several counties for maintenance of inmates. (1) Whenever any person shall be brought before any court, judge, magistrate, or board for examination and commitment to any of the charitable, curative, reformatory, or penal institutions of the state, or of any county, for whose support in whole or in part any county may be chargeable, the application for such examination shall state the county in which such person resides. The said court, judge, magistrate, or board shall give due notice

of the hearing to the district attorney of such county, if within the state, who shall attend said hearing; and the said court, judge, magistrate, or board shall upon proper evidence determine the legal residence of such person, and his general financial ability. If the evidence does not disclose property sufficient to save the county harmless from the expenses of his support, the said court, judge, magistrate, or board shall ascertain, by further proof, the residence and financial ability of any person, if any, liable for such support pursuant to law, and shall order proper proceedings to be brought for the enforcement of such liability; but if the evidence discloses that the legal residence of the person so examined and found destitute is within some other county within the state, such hearing shall be continued and the district attorney of such other county shall be duly notified and shall appear at such continued hearing. At the conclusion of said hearing the court, judge, magistrate, or board shall determine the chargeability for the support of such person and certify such determination to the superintendent of the institution; and thereupon such person shall be admitted.

(2) On the first day of July in each year the state board of control shall prepare a statement of the amounts due from the several counties to the state pursuant to law, for the maintenance, care, and treatment of inmates at public charge in state or county charitable, curative, reformatory, and penal institutions. Such statement shall cover the preceding fiscal year and shall specify the name of every inmate in each state institution whose support is partly chargeable to some county, and the name of every inmate in each county institution whose support is wholly chargeable in the first instance to the state and partly chargeable over to some county; and shall further specify, with respect to each inmate, his residence, the number of weeks for which support is charged, the grounds of the liability, and the amount due to the state from such county, itemized as to board and clothing. The president and secretary of the board shall certify said statement, file it with the secretary of state, and mail a duplicate

to the clerk of each county charged; and there upon the secretary of state shall charge to the several counties the amounts so due, which shall be certified, levied, collected, and paid into the state treasury with the state tax as a special charge.

(3) On the first day of July in each year the superintendent or other officer in charge of each county charitable, curative, reformatory, and penal institution shall prepare a statement of the amount due from the state to the county in which such institution is located, pursuant to law, for the maintenance, care, and treatment therein of inmates at public charge. Such statement shall cover the preceding fiscal year and shall specify the name of each inmate whose support is partly chargeable to the state, or wholly chargeable in the first instance to the state and partly chargeable over to some other county; and shall further specify, with respect to each inmate, his residence, the number of weeks for which support is charged, the grounds of the liability, and the amount due to the county from the state, itemized as to board and clothing. Said statement shall be verified by affidavit by the officer making it and certified by the trustees of the institution to the state board of control, for examination and approval; and, when approved, the president and secretary of the board shall certify said statement to the secretary of state, who shall credit the aggregate amount found due on the state tax next accruing from said county.

(4) Whenever any inmate in any charitable, curative, reformatory, or penal institution of the state or of any county is improperly charged to the state or to any county, the attorney general on behalf of the state, or the district attorney of such county on its behalf, may make written application to the state board of control for relief from such charge. The application shall designate the county to which such inmate is chargeable, or if it be claimed that he is chargeable to the state it shall be so stated. Said board shall give reasonable notice to the parties interested of the time and place at which and when they may be heard. Such application may be supported by affidavits and other proper evidence. If upon the hearing said board shall grant the

relief asked for it shall order a proper charge against the county chargeable, or against the state, as the case may be; and from and after the making of such order such inmate's support shall be charged accordingly; but the county named in such order may in like manner apply to said board for relief from the burden thereby imposed, in which case the matter shall be heard and disposed of as herein provided.

(5) Any party aggrieved by any such order may, within one year from the making thereof, appeal to the circuit court of Dane county, by serving a notice of the appeal upon the president or secretary of said board, the district attorney of any county which is a party in interest and upon the attorney general. Within twenty days after the service of such notice the secretary of said board shall transmit to the clerk of such court all the original papers used upon the hearing before it, together with a certified copy of all the proceedings, orders and decisions made thereon. When a complete determination of the controversy cannot be had without the presence of other parties than those to the original proceeding the court shall order such parties to be brought in, and for that purpose may make such order as it may deem necessary. Such appeal shall be tried by a jury unless such mode of trial is waived, in the manner in which actions originally brought in the circuit court are tried. The jury shall find a special verdict naming the county to which the support of such inmate is chargeable or whether it is chargeable to the state, and judgment shall be entered accordingly. An appeal may be taken from such judgment to the supreme court as in other cases. The prevailing party in either court shall be entitled to the usual costs. Upon the rendition of final judgment said board shall make the proper charges or credits on its books and certify the same to the secretary of state.

(6) If any error has been or shall be committed in the accounts between the state and any county in making charges for the support of any inmate in any charitable, curative, reformatory, or penal institution, or in the amount certified to any county as due and to be assessed upon it on account of

such support, and such error shall be certified by the state board of control, the secretary of state shall correct such error by a proper charge or credit on the state tax next accruing. [Stats. 1917 s. 573,u 573 v, 584 a, 561 e, 591, 592, 593, 604 e; 1919 c 328 s. 15.]

46.11 Transfer of inmates. (1) Whenever any inmate lawfully committed to any state or county penal, reformatory, curative, or charitable institution shall be removed, in a case authorized by law, from any one of these institutions to any other of them by the state board of control, the superintendent of the institution from which any such removal is made shall notify the court or judge who committed such inmate of the fact of such removal.

(2) The board may designate in the order of removal, the superintendent of the institution from which or to which such removal is made or any other discreet citizen, to make such removal. The person so designated shall receive no mileage or per diem for making such removal, but shall be paid his actual and necessary traveling expenses and those of the person removed and of any necessary assistant, to be adjusted by the board and charged to the current expense fund of the institution from which such removal is made; but if some county is chargeable with any portion of the expense of maintaining the person so removed such county shall be charged therewith, and such charge shall be adjusted in the same manner that charges for the maintenance of such inmates are adjusted. [Stats. 1917 s. 561 jj; 1919 c. 328 s. 17.]

46.12 Sterilization of defectives. (1) The state board of control is hereby authorized to appoint, from time to time, one surgeon and one alienist, of recognized ability, whose duty it shall be, in conjunction with the superintendents of the state and county institutions who have charge of criminal, insane, feeble-minded and epileptic persons, to examine into the mental and physical condition of such persons legally confined in such institutions.

(2) Said board of control shall at such times as it deems advisable submit to such experts and to the superintendent