insane not

expense of

to asylum at

county.

tion shows that the person examined is a resident of said county, and is indigent and insane, and should for Care of the security of the public or for the good of such dangerous. insane person, be kept in custody, the said court or judge shall make an order to that effect, and the person so declared to be insane, as aforesaid, shall be conveyed to the proper Conveyance asylum which shall be designated in such order, at the expense of the county of which he or she is a resident, but the expense and all charges for the care, treatment, and maintenance of such insane person at such asylum, as well as the expenses incident to a discharge therefrom, or death, shall be chargeable to and paid by the territory; provided, that if it shall appear from such examination before such court or judge that such person is indigent and insane, but that such insanity is of a character that the public safety or the good of such person does not require him or her to be confined, such court or judge shall so certify, and such person shall be cared for as is now provided by law for the care of the indigent, sick, idiotic, and insane persons in the several counties of this territory.

Ibid § 4.

sane to be

Examination

public.

Testimony of physicians.

Transfer o

examination

4. All examinations of persons alleged to be insane shall be public, and the court or judge before whom the examination shall be held, shall not order, adjudge or decree the person examined to be insane, unless at least one physician, a graduate in medicine, testifies on the examination that he believes the person so examined is insane, and whether, in his opinion, it would endanger the public safety to permit such person to run at large. If it appears at such examination that the person so examined is insane, but not a resident of the county per in which the examination is held, and is a resident county. of another county in this territory, the court or judge shall by order direct that the person so examined and all the papers relating to the case, be turned over and delivered to the proper court, or judge of the county of which the person so examined is a resident, which court or judge shall examine the case anew. For the purpose of such examinations, or of any examination of a person alleged to be insane, under the provisions of this act, any court or judge having jurisdiction, is authorized to issue subpoenas, warrants of arrest,

Powers of the

court.

or any other process necessary for the exercise of the jurisdiction conferred by this act, and have them duly served by the sheriff or other proper officer.

Thid § 5.
Transporta-

to asylum and

in charge.

5. The several boards of county commissioners of this territory shall provide for the transportation of any pertion of insane son found to be insane, and ordered to be placed in duty of person an asylum as aforesaid, from their respective counties to the proper asylum, and the person or persons in charge of such asylum shall in every instance execute a certificate in duplicate, certifying at what time and from what person any such insane person was received at such asylum. One copy of which certificate shall be filed with the clerk of the board of county commissioners of the proper county and the other copy with the territorial controller.

Ibid § 6.

Duty of mana

6. It shall be the duty of the owner, proprietor, or managing agent of any asylum, with whom such contract as ger of asylum. aforesaid, be made, to render to the territorial controller, a verified account, at least, once every three months, for the keeping of any insane person, together with a statement showing the condition of any such insane person or persons under treatment at such asylum, and if any such insane person die, escape, or be discharged from such asylum, to immediately report the fact, and date of every such death, escape, or discharge to the said controller.

Ibid § 7.

territory for

7. All claims against the territory for the maintenance and care of the indigent insane in any such asylum shall Claims against be presented to the territorial controller, who shall care of insane. credit the same, and if the account is correct and due, he shall draw a warrant for the amount payable out of the territorial treasury out of any moneys not otherwise appropriated, and the territorial treasurer shall pay the same in its regular order.

74-75, Crim.

8. An act done by a person in a state of insanity cannot be Rev. Laws of punished as a public offense; nor can a person be tried, adjudged to punishment, or punished for a public offense while he is insane.

Prac.. § 566.

Insanity ex

cuses crime.

9. When an indictment is called for trial, or upon conviction, the defendant is brought up for judgment, if a doubt shall arise as to the sanity of the defendant, the court shall order the question to be submitted to

Ibid § 567. Inquiry into defendant's sanity.

the regular jury, or may order a jury to be summoned, as prescribed in section 453, to inquire into the fact.

10. The trial of the indictment, or the pronouncing of the judgment (as the case may be), shall be suspended Ibid § 568. until the question of insanity shall be determined Trial or judg by the verdict of the jury.

ment sus

pended.

11. The trial of the question of insanity shall proceed in the following order:

Ibid § 569.
Insanity, how

1st. The counsel for the defendant shall open the tried. case and offer evidence in support of the allegation of insanity. 2d. The counsel for the people shall open their case and offer evidence in support thereof.

3d. 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 cause.

4th. When the evidence is concluded, unless the case is submitted to the jury on either or both sides without argument, the counsel for the people must commence, and the defendant, or his counsel, may conclude the argument to the jury.

5th. If the indictment be for an offense punishable with death, two counsel on each side may argue the case to the jury, in which case they must do so alternately. In other cases, the argument may be restricted to one counsel on each side.

6th. The court shall then charge the jury if requested by either party.

Ibid § 570.

12. The provisions of section 383 in respect to the charge of the court to the jury, upon the trial of an indictment, shall apply to the trial of the question of in- Charge to sanity.

13. If the jury find that defendant is sane, the indictment shall proceed, or judgment may be pronounced, as the case may be.

jury on trial of.

trial of the Ihid § 571.

Defendant found sane.

trial or

Found insane,

14. If the jury find that the defendant is insane, the judgment shall be suspended until he become sane; Ibid § 572. and the court, if it deem his discharge dangerous to proceedings. the public peace or safety, may order that he be in the meantime committed by the sheriff to the custody of some proper person, and that, upon his becoming sane, he be re-delivered by such person to the sheriff.

Ibid § 573. Bail, exoneration of.

15. The commitment of the defendant, as mentioned in the last section, shall exonerate any bail he may have given, and shall entitle any person authorized to receive the property of the defendant to a return of any money he may have deposited instead of bail.

Ibid § 574. Returning to sanity; proceedings.

16. If the defendant be received by the person so appointed, he must be detained by him until he becomes sane. When he becomes sane, such person shall give notice to the sheriff and district attorney of the county of that fact. The sheriff shall thereupon, without delay, take the defendant from the custody of such person, and place him in proper custody until he be brought to trial or judgment, as the case may be, or be otherwise legally discharged.

Ibid § 575. Expense of keeping defendant; to

17. The expense of placing the defendant in the custody of such proper person, of keeping him and bringing him back, shall, in the first instance, be chargeable whom charge- to the county in which the indictment was found; but the county may recover them from the estate of the defendant, if he have any, or from any relative, town, city or county bound to provide for and maintain him elsewhere.

able.

ILLINOIS.