tion thereto, except for the detention of prisoners. All persons thus qualified under this section shall be deemed to be constables and authorized officers within the meaning of section 6 of this act; and the keepers of jails, lock-ups or station-houses, in any of said counties, are required to receive all persons arrested by such policemen or constables.

2711. (E. S. 635.) Assault on child.-9. Whenever any person having the care, custody or control of any minor child, shall be convicted of an assault, or of an assault and battery upon such child, or of any violation of the provisions of this act, it shall be lawful for the justice of the peace, mayor, police judge or court, before whom such conviction has taken place, or where the parents or proper guardian of any child can not be found, it shall be lawful for any such justice, mayor, police judge or court, to commit such child to the care and custody of any duly authorized or incorporated humane society, having for one of its objects the protection of children from cruelty, and such society shall thereupon have all the rights of a guardian of the person of such child; but such society may at any time apply to the proper court of the proper county for the appointment of a guardian of the person, or the commitment of any such child to any asylum or home for children as provided in section 7 of this act.

2712. (E. S. 636.) Desertion-Adoption.-10. Whenever it shall be made to appear to the satisfaction of the circuit court of any county; or the judge thereof, that any minor child has been deserted by its parents or surviving parent, and that it has no legal guardian, it shall be lawful for any person desirous of adopting the said child to adopt the same in the manner now provided by law in the case of death of the parents.

2713. (E. S. 637.) Guardian of poor.-11. Whenever the parents or proper guardian of any infant unable to support itself have been convicted of any of the offenses enumerated in this act, or are dead or can not be found, and there is no other person legally responsible for the maintenance and support of such child willing to assume such support, or to be found within the county, the circuit court of the county in which such child may be found, or the judge thereof, may commit such child to the care and custody of the guardians of the poor of the said county; but nothing herein contained shall exempt. any person from the duty of maintaining and supporting such child. as now imposed by law.

[2 R. S. 1852, p. 333. In force May 6, 1853.]

2714. (2544.) Who are of unsound mind.-1. The words, "person of unsound mind," as used in this act or any other statute of this state, shall be taken to mean any idiot, non compos, lunatic, monomaniac, or distracted person.

See clause 3 of section 1309.

When the mind is so impaired as to render a person incapable of forming an intent to do an act, he 'is insane. Bailey v. State, 26 Ind. 422; Bradley v. State, 31 Ind. 492; Fisher v. State, 64 Ind. 435.

If a person is moved to commit an act by an insane impulse that controls the will and judgment, such person is not liable for the act. Stevens v. State, 31 Ind. 485; Plake v. State, 121 Ind. 433.

Monomania is a derangement of a single faculty of the mind, or with regard to a particular subject only. Schuff v. Ransom, 79 Ind. 458.

The law knows but two classes of persons-the sane and the insane; there being no intermediaries. Sage v. State, 91 Ind. 141.

Frenzy arising from passion is not mental unsoundness. Goodwin v. State, 96 Ind. 550. The words "of unsound mind," includes every species of insanity or mental unsoundness. McCammon v. Cunningham, 108 Ind. 545.

2715. (2545.) Proceedings to establish unsound mind.-2. Whenever any person shall, by statement in writing, represent to the court having probate jurisdiction in any county, that any inhabitant of such county is a person of unsound mind and incapable of managing his own estate, such court shall cause such person to be produced in court, and shall cause an issue to be made by the clerk of such court, denying the facts set forth in such statement; which issue shall be tried by a jury, to be impaneled under the direction of said court.

Notice need not be given to the person who is alleged to be insane before the trial of the question of insanity. Hutts v. Hutts, 62 Ind. 214; Nyce v. Hamilton, 90 Ind. 417. Martin v. Motsinger, 130 Ind. 555.

The alleged insane person may be examined as a witness on such hearing. Jones v. Van Gundy, 16 Ind. 490; Fiscus v. Turner, 125 Ind. 46.

If a person by reason of unsoundness of mind or imbecility is incapable of conducting the ordinary affairs of life, a guardian may be appointed for him. McCammon v. Cunningham, 108 Ind. 545.

It is not the duty of the prosecuting attorney to appear for the person alleged to be of unsound mind. Martin v. Motsinger, 130 Ind. 555.

The person alleged to be of unsound mind must either appear in person or by attorney to the proceedings, an ex parte proceeding being unauthorized. Martin v. Motsinger, 130 Ind. 555.

The person adjudged to be insane may appeal in his own name to the supreme court. Cuneo v. Bessoni, 63 Ind. 524.

The person filing the application can not dismiss the same without leave of the court. Galbreath v. Black, 89 Ind. 300.

Every person is bound to take notice of the proceedings declaring a person of unsound mind. Devin v. Scott, 34 Ind. 67; Redden v. Baker, 86 Ind. 191.

The person adjudged insane can not in his own name have the proceedings reviewed. Meharry v. Meharry, 59 Ind. 257.

2716. (2546.) Appointment of guardian-Insane pauper.-3. If such jury shall find that such inhabitant is a person of unsound mind,

such court shall appoint a guardian for such person, who shall have the custody of his person and the management of his estate; and before entering upon his duties as such, he shall give bond and security and take an oath as such guardian, in like manner as is required of the guardian of a minor: Provided, If such insane person is a pauper, he shall be provided for under the laws regulating the relief of the poor; but if such person, being a pauper, shall be dangerous if permitted to run at large, he shall be provided for under the regulations prescribed in section twelve [section 2555].

A person can only act as the guardian of an insane adult person after such person has been judicially declared insane. Coon v. Cook, 6 Ind. 268.

Guardians of insane persons have the same powers and are subject to the same liabilities as guardians of minors. Stumph v. Pfeiffer, 58 Ind. 472.

Such guardians should appear and defend suits against their wards. Symmes v. Major, 21 Ind. 443; Yount v. Turnpaugh, 33 Ind. 46; Wray v. Chandler, 64 Ind. 146.

If such guardian brings suit he should allege his appointment and show a right of action in the ward. Bearss v. Montgomery, 46 Ind. 544; Hardenbrook v. Sherwood, 72 Ind. 403; Hoke v. Applegate, 88 Ind. 530.

2717. (2547.) Production of party.-4. If the court shall be satisfied that such person, alleged to be of unsound mind, can not, without injury to his health, be produced in court, such personal appearance may be dispensed with.

If the court is satisfied that the party can not be produced without injury to his health the trial may be had in his absence. Hutts v. Hutts, 62 Ind. 214.

The person alleged to be insane must either be present at the trial, or must be represented by counsel, in order to render the proceedings valid. Martin v. Motsinger, 130 Ind. 555.

2718. (2548.) Expenses and costs.-5. Whenever a guardian shall be appointed for any person of unsound mind, he shall pay the expenses of such trial; but if the jury find that such person is not of unsound mind, then the court shall give judgment against the person making the complaint for the costs.

If a guardian is appointed he should pay the attorney prosecuting the proceeding a reasonable fee for his services. Brownlee v. Switzer, 49 Ind. 221; State, ex rel., v. Newlin, 69 Ind. 108.

If the application is dismissed, or the verdict is in favor of the person alleged to be insane, the person filing the application is liable for the costs. Galbreath v. Black, 89 Ind. 300; Cochran v. Amsden, 104 Ind. 282; Ruhlman v. Ruhlman, 110 Ind. 314.

2719. (2549.) Non-resident insane.-6. Whenever any person not an inhabitant of this state, but having property in this state, shall, by inquest held and determined according to the laws of the state where such person may reside, be found to be a person of unsound mind, the court having probate jurisdiction in any county of this state where any of such property may be found, may appoint a guardian for such person, who shall have the management of such person's estate in this state; and the guardianship so first granted shall exclude all others.

2720. (2550.) Temporary guardianship.-7. Whenever any person of unsound mind shall be the owner of property in any county of the state other than the one in which such person resides (or being an inhabitant of another state), upon satisfactory proof thereof, verified by oath or affirmation of at least two competent witnesses that such person is believed to be incapable of transacting his or her business, and that such property is going to waste or likely to go to waste, the court having probate jurisdiction in such county shall appoint a guardian for such person, who shall have the management of such estate until a guardian be legally appointed in the county where such person of unsound mind may reside, or until the same be restored.

2721. (2551.) Duties and powers of guardian.-S. The same duties are required of and the same powers granted to guardians of persons of unsound mind as are required of and granted to guardians of minors, so far as the same may be applicable.

Such guardians have the same powers and are subject to the same liabilities as guardians of minors. Stumph v. Pfeiffer, 58 Ind. 472.

Guardians of insane persons should appear and defend suits against their wards, and may sue in their own names on causes of action in favor of their wards. Bearss v. Montgomery, 46 Ind. 544; Hardenbrook v. Sherwood, 72 Ind. 403; Hoke v. Applegate, 92 Ind. 570.

Such guardians may be removed for the same causes that a guardian for minors may be removed. Wood v. Black, 84 Ind. 279.

2722. (2552.) Termination of guardianship.-9. Such guardianship shall terminate with the restoration to reason or the death of the ward.

Death of the ward terminates the guardianship, and the guardian should account for and pay over to the proper person the estate in his hands. Stumph v. Pfeiffer, 58 Ind. 472.

2723. (2553.) Trial of fact of return to sanity.-10. Whenever it is alleged that such person of unsound mind has become of sound mind again, the fact may be tried and determined in the same manner as the allegation of the unsoundness of mind; and the expenses of such trial shall be paid by such guardian out of the estate of the ward. A person judicially declared insane can not on his own application have the question of his sanity investigated, but some other person must make the application. Gillespie v. Thompson, 7 Ind. 353; Meharry v. Meharry, 59 Ind. 257.

In a proceeding under this section the question at issue is whether the person adjudged insane has so far regained his reason as to be capable of managing his own estate, and the verdict of the jury should find that such fact does or does not exist. Cochran v. Amsden, 104 Ind. 282.

If on the trial of such issue the ward is found to be of unsound mind the costs should be taxed to the person filing the application. Cochran v. Amsden, 104 Ind. 282.

2724. (2554.) Contracts void.-11. Every contract, sale or conveyance of any person while of unsound mind shall be void.

This section only applies to persons who have been judicially declared of unsound mind. Freed v. Brown, 55 Ind. 310.

Contracts made by persons who have been adjudged insane are void. Redden v. Baker, 86 Ind. 191; Devin v. Scott, 34 Ind. 67; Musselman v. Cravens, 47 Ind. 1; Copenrath v. Kienby, 83 Ind. 18.

Deeds and contracts of persons who are insane but who have not been judicially declared so, are voidable, but not void. Somers v. Pumphrey, 24 Ind. 231; Nichol v. Thomas, 53 Ind. 42; Freed v. Brown, 55 Ind. 310; Schuff v. Ransom, 79 Ind. 458; Boyer v. Berryman, 123 Ind. 451; Musselman v. Gravens, 47 Ind. 1; McClain v. Davis, 77 Ind. 419; Fay v. Burditt, 81 Ind. 433; Copenrath v. Kienby, 83 Ind. 18.

2725. (2555.) Dangerous insane.-12. If it shall appear to the court that there is danger to the community in permitting such person of unsound mind to run at large, the court shall make such order for his safe-keeping as may be necessary, and direct the expenses thereof to be paid out of the estate of such person; or, if that be insufficient, or necessary for the support of his family, then out of the county treasury.

See sections 6987-6995.