penses shall in like manner be allowed and paid out of the territorial treasury. Ibid § 42. Penalty when officer or per son neglects 55. Any officer required as herein to perform an act, and any person accepting an appointment under the provisions of this act, and wilfully refusing or neglecting to perform his duty as herein prescribed, shall be guilty of a misdemeanor, besides being liable to an action for damages. duty. bid § 43. ent of hospital Superintend not responsi ble for re ception of patients. 56. The warrant of the commissioners of insanity authorizing the admission of any person to the hospital as a patient accompanied by a physician's certificate as herein provided, shall operate to shield the superintendent and other officers of the hospital against all liability to prosecution of any kind, on account of the reception and detention of such persons in the hospital; provided, such detention shall be otherwise in accordance with the laws and by-laws regulating its management. 57. The superintendent shall affix the seal of the hospital to any notice, order of discharge, report or other paper Ibid $44. required to be given or issued by him. Hospital seal to be affixed. Terms in 58. The term "insane" as used in this act includes any species of insanity or mental derangement. The Ibid § 45, term "idiot" is restricted to persons supposed to be sane" and naturally without mind. No idiot shall be admitted defined. into the hospital for insane. "idiot" 59. An act done by a person in a state of insanity cannot be punished as a public offense, nor can a person be tried, adjudged to punishment or punished for a public offense, while he is insane. R. Code of 1877. cedure. § 514. Criminal Pro Insane cannot be tried. When doubt 60. When an indictment is called for trial, or upon conviction the defendant is brought up for judgment, if 515. a doubt arise as to the sanity of the defendant, the arises. court must order a jury to be impaneled, from the jurors summoned and returned for the term, or who may be summoned by direction of the court as provided in sections 303 to 308, both inclusive, to inquire into the fact. 516. Trial to be 61. The trial of the indictment or the pronouncing the judgment, as the case may be, must be suspended until the question of insanity is determined by the verdict of the jury. suspended. 62. The trial of the question of insanity must proceed in the § 517. Order of trial. following order: Counsel for defendant. (1) The counsel for the defendant must open the case and offer evidence in support of the allegation of insanity. (2) The counsel for the territory may then open their case and offer evidence in support thereof. (3) The parties may then respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case. Rebutting testimony. Counsel for (4) When the evidence is concluded, unless the case is submitted to the jury on either side or on both sides, the territory. without argument, the counsel for the territory must commence, and the defendant or his counsel may conclude the argument to the jury. (5) If the indictment be for an offense punishable with death, two counsel on each side may argue the cause Two counsel on each side may argue in case of death. to the jury, in which case they must do so alternately. If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side. Court must charge jury. (6) The court must then charge the jury. § 518. Charge of court. Provisions of 63. The provisions of sections 345 and 347, in respect to the duty of the court upon questions of law, and of the jury upon questions of fact, and the provisions of 345 and $347 section 377, in respect to the charge of the court to duty of court. the jury, upon the trial of an indictment of information, apply to the question of insanity. in respect to 519. 64. If the jury find the defendant sane, the trial of the indictment must proceed, or judgment may be pronounced, proceeds. as the case may be. If sane, trial 520. If found insane. 65. If the jury find the defendant is insane, the trial or judgment must be suspended until he becomes sane, and the court, if it deem his discharge dangerous to the public peace or safety, may order that he be, in the meantime, committed to the care of the sheriff until he becomes sane. 66. The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person authorized to receive the property of the defendant, to a return of money he may have deposited instead of bail. $ 521. If committed, bail. § 522. Restored to 67. When he becomes sane the sheriff must thereupon without delay, place him in the proper custody until he be brought to trial or judgment, as the case may be, or be legally discharged. sanity. 68. The expenses of keeping the defendant are in the first. instance chargeable to the county, but the county $523. may recover them from the estate of the defendant, if he have any, or from a relative. Expenses. DELAWARE. EXAMINATION AND CARE OF INSANE. 1. Control of insane vested in chancellor; writ and trial. 2. Commitment to Pennsylvania asy- 3. Annual report of asylums. 5. Expenses, limit of. 6. Warrant to specify for whose benefit it is drawn. 7. Indigent insane becoming entitled to property liable for support. 8. Transfer of patients to other asylums. 9. Reimbursement of expenses to county. 10. Custody of the insane. 11. Support, counties may contract for. of 1852, tit. 7, ch. 49, P. 240, § 1. Chancellor to 1. The court of chancery shall have the care of insane perRevised code sons above the age of twenty-one years, so far as to amended 1874, appoint trustees for such persons, to take charge of them and manage their estates. But before such appoint trus- appointment, the chancellor shall issue a writ to Inquisition. inquire by a jury and determine whether the person named is insane. tees of lunatic. Act of 1871, vol.14 ch.57,§1. may be remov sylvania hos. 2. Whenever the relatives or friends of any indigent lunatic or insane person, a citizen of this state, shall How lunatics apply to the chancellor of this state, either personally ed to a Penn- or by petition, together with the certificate of two pital. practicing physicians of the county wherein such indigent lunatic or insane person shall reside, setting forth the fact of such lunacy or insanity, the cause or causes thereof, if known, and the necessity, in their opinion, of a better and more efficient mode of medical treatment in such case than can be afforded in the county almshouse of the state, the chancellor shall, if satisfied with the proofs offered of such lunacy or insanity, and also of the indigency of the person on whose behalf the application may be made, recommend, in writing, to the governor, that such indigent lunatic or insane person be removed to such asylum, hospital, or institution for the insane in the state of Pennsylvania as the governor shall hereafter select; provided, that not more than five indigent lunatics or insane persons from the county of New Castle, and that not more than five indigent sex. lunatics or insane persons from each of the counties of Kent and Sussex shall be in the said asylum, hospital, or institution at the same time. Not more than five from New Kent or Sus Ibid § 5, as amended vol.16, ch. 378, request by act of 1881, §1. Governor shall 3. The governor shall request from the said asylum, hospital or institution, an annual report, with the details, respecting the indigent lunatics or insane persons from this state, their number, names, residences, condition, mode of treatment respectively, prospect of cure, benefit or improvement and the from asylum. expenditures in their behalf; and he shall transmit the same to the legislature at its biennial sessions. vol.17,ch,76 §2. Act of 1883, Governor may completed, insane asy select, when New Castle lum for indi 4. If, in the opinion of the governor, the insane asylum now in course of erection in New Castle county shall, upon its completion and equipment, and when the occasion arises for the exercise of the power herein granted, afford satisfactory facilities for the treatment of any indigent insane person in behalf of gent insane. whom an application is made, under chapter 57 of vol. 14 of laws of Delaware, and the supplements and amendments thereto, he may select the said insane asylum as the place. to which such insane person or persons shall be In lieu of asysent, in lieu of an asylum for the insane in the lumin Penn'a. state of Pennsylvania. In such case all the provisions of the said act, and the supplements and amendments thereto shall be applicable, except such as may be inconsistent with the provisions of this section. vol.14,ch.57.§2. 5. The governor is hereby authorized and empowered to draw his warrant on the treasurer of the poor of Act of 1871, the county wherein such indigent lunatics or insane persons shall have their residence at the time of Governor audraw his war thorized to rant on poor treasurer. their removal to the said asylum, hospital, or institution, in favor of the proper authorities of the said asylum, hospital, or institution, for such amount for each indigent |