burse the sheriff for money deposited with the superintendent for deficiencies of clothing of patients, in accordance with law. 35. If any person or persons shall, in anywise, attempt to introduce any person into this institution contrary Ibid § 19. to the provisions of this act, such person or persons attempt to inshall be guilty of a misdemeanor, and, upon con- contrary to act. viction thereof, shall be fined in any sum not less than fifty (50) nor more than three hundred (300) dollars.

Penalty for

troduce insane

Counties to be

36. For the purpose of more fully carrying out the provisions of this act, it shall be the duty of the superin- Ibid § 20 tendent of the asylum, as soon as the building is apportioned. ready to receive patients, to apportion to each county the number of patients it will be entitled to take in as the terms of the proportion: the number of inhabitants in the state, the number in the county, and the number of patients the institution will accommodate, the last census taken by the United States to be the basis as to number of inhabitants. He shall immediately notify the county judge of each county of the number of patients the county is entitled to, and in all cases each county shall be entitled to the number apportioned to it, to the exclusion of any other patients.

§ 320,

37. Immediately after the appointment by the court of any guardian for a lunatic or insane person, such guardian shall take steps to have the person thus placed in his charge admitted into said asylum. *

[See supra, pl. 28.]

**

amended by

act of 1883. No. 19. § 10. Guardiansduties of.

Commitment

going at

38. In case the friends or relations of any lunatic shall neglect or refuse to place him in said asylum, and shall § 324. permit him to go at large, it shall be the duty of the of lunatic circuit court sitting in any county in which such farge. lunatic may reside or be found going at large, on the suggestion in writing of any citizen of the county, to direct the sheriff, by writ of lunacy, to summon, as soon as may be, twelve discreet persons of the county in which such lunatic is going at large, to make inquisition thereto on oath, and the result of such inquisition to return to said court forthwith; and if the person said to be a lunatic shall be adjudged by such inquest, or by a majority of them, to be insane, the said court shall order the sheriff to arrest said lunatic and place him in said asylum; and in all cases where an insane person shall be placed in said

asylum by the voluntary act of his friends or relations, or by the provisions of this act, if the said insane person shall be possessed of or entitled to an estate, the same shall be chargeable with all expenses of convicting him of lunacy, as well as the expenses of taking care of said lunatic in said asylum. [How far supplied by pl. 20 supra ?]

§ 325.

Indigent insane.

39. Any person being a lunatic and a resident of this state, and having or owning no estate wherewith to pay his expenses, shall be admitted in the asylum free of charge. When a certificate of some judge or justice of the peace is produced that sufficient proof by affidavit has been made before him that such lunatic has no visible means to defray his expenses, the necessary expenses of removing such lunatic to and from said asylum shall be paid by the treasurer thereof. [How far supplied by pl. 27 supra?]

40. Insane persons found at large and not in the care of some discreet person, shall be arrested by any peace officer, persons found and taken before a magistrate of the county, city or town in which the arrest is made.

§ 3535. Insane

at large.

§ 3536.

Commitment

sons found at

large.

41. Such magistrate shall make such orders as may be necessary to keep him in restraint until he can be sent, of insane per- by due process of law, to the lunatic asylum, if there be one in the state; and if such insane person has not friends to whose custody or care the magistrate can commit him, he may order him to be confined in the county or city jail; and shall immediately give notice thereof to the city or county attorney, whose duty it shall be to take the proper proceedings for having the insane person sent to the lunatic asylum.

§ 3538.
How mainte-

nance recov

42. 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 insane person, if there be any such of ability to pay the

ered by

County and

from whom.

same.

§ 3539. Duty of relations.

43. The father and mother of poor, impotent or insane persons, shall maintain them at their own charge, if of sufficient ability, and the children and grandchildren of poor, impotent or insane parents or grandparents, shall maintain them at their own charge, if of sufficient ability.

44. No person acquitted of crime on the ground of insanity, nor other person, shall be admitted into the state Act of 1883. lunatic asylum, unless he (or she) shall have been Admission of duly found to be insane according to the provisions insane.

of this act.

No. 19, § 11.

criminal

When not

45. No person having become insane during any term of service or confinement in any penal institution, on Ibid § 12. account of crime, whereof he (or she) may have been admitted. duly convicted, shall be admitted into the state lunatic asylum during such term of service or confinement, but shall be treated for that disease inside of the wall of the penitentiary. 46. A lunatic or insane person without lucid intervals, shall not be found guilty of any crime or misdemeanor with which he may be charged.

Insane

§ 1227. criminals not to be found guilty.

§ 1228.

47. A person that becomes insane or lunatic, after the commission of a crime or misdemeanor, shall not be tried for the offense during the insanity or lunacy. Not be tried. 48. A person shall be considered of sound mind who is neither an idiot or lunatic, or affected with insanity, § 1229. and who hath arrived at the age of fourteen years, Definition. or before that age, if such person know the distinction between good and evil.

49. If the court shall be of the opinion that there are reasonable grounds to believe that the defendant is insane, $1828. all proceedings in the trial shall be postponed until Trial of. a jury be impaneled to inquire whether the defendant is of unsound mind; and if the jury shall find that he is of unsound mind the court shall direct that he be kept in prison, or conveyed by the sheriff to the lunatic asylum, if there should be one in the state, and there kept in custody by the officers thereof until he is restored, when he shall be returned to the sheriff, on demand, to be re-conveyed by him to the jail of the county.

50. If the defense be the insanity of the defendant, the jury must be instructed, if they acquit him on that ground, to state the fact in their verdict.

$ 1966.

Verdict.

court is of

Inquisition

51. He may also show that he is insane. If the opinion that there is reasonable ground for believing § 1988. he is insane, the question of his insanity shall be of insanity. determined by a jury of twelve qualified jurors, to

be sum

moned and impaneled as directed by the court. If the jury do not find him insane, judgment shall be pronounced. If they find him insane, he must be kept in confinement, either in the county jail or lunatic asylum, if there be one in the state, until, in the opinion of the court, he becomes sane, when judgment shall be pronounced.

§ 2002. Jury trial.

52. When the sheriff is satisfied that there are reasonable grounds for believing that the defendant is insane, he may summon a jury of twelve persons on the jury list, drawn by the clerk, who shall be sworn by the sheriff, well and truly to inquire into the insanity of the defendant, and a true inquisition return; and they shall examine the defendant and hear any evidence that may be presented, and by a written inquisition, signed by each of them, find as to insanity. And, unless the inquisition find the defendant insane, the sheriff shall not suspend the execution; but if the inquisition find the defendant insane, he shall suspend the execution, and immediately transmit the inquisition to the governor.

CALIFORNIA.