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committee shall not be liable for any loss that may arise thereby.

bid $ 30.

If lunatic

arrested.

22. If any person, found by inquisition to be a lunatic * * * shall be arrested or imprisoned as aforesaid, in any civil action, it shall be the duty of the court from which the process shall have issued, and of any judge thereof, in vacation, on the application of any person on behalf of the defendant, and a production of a certified copy of the proceedings upon such inquisition, to discharge such defendant from arrest and imprisonment without bail.

Ibid § 31.
If any person

shall appear of unsound

mind, proceedings.

23. If any person arrested or imprisoned as aforesaid, in any civil action, shall appear to be of unsound mind, it shall be the duty of the jailer, or keeper of the prison, arrested or forthwith to give notice of the fact to two justices of the peace, who shall, within five days, attend at the prison, and, upon the oath or affirmation of such persons as they shall think fit to examine, proceed to inquire into the state of mind of such prisoner, and if they shall find him to be a lunatic, as was alleged, they shall forthwith make a record of the fact, and certify the same to the clerk of the district court.

bid § 32.

Clerk to

notify district

court.

24. The clerk of the court shall immediately make known. such record to the district court, if in session, or to the judge thereof in vacation, and thereupon such court, or such judge shall appoint a day, as soon as may be convenient to him, for hearing any objection to the discharge of such prisoner; and it shall be the duty of the clerk of the court to issue notice in not less than six handbills, and also to the creditor at whose suit said prisoner is detained, at least one week before the time of hearing, that application will be made to the court, or the judge thereof, as the case may be, for the discharge of such prisoner, on the day therein specified.

Hearing.

25. On the day appointed for the hearing, as aforesaid, if it shall appear that due notice shall have been given, Ibid § 33. the court, or judge, as the case may be, shall, proceed to ascertain the state of mind of such prisoner, and if they or he shall be satisfied that such prisoner is of unsound mind, an order shall be made for the discharge of such prisoner from confinement, which shall be entered on record of said court.

Proviso. Provided, that if it shall appear to such court or judge that such person is not in a fit condition of mind to be set at large, it shall be lawful for such court or judge to make an order that he be detained in custody or delivered to his kindred or friends, who are hereby made responsible for his safe keeping, and who shall restrain him from the commission of any offense, by seclusion or otherwise.

26. Whenever it shall appear, upon the trial of any person,

Ibid § 34.

When person insane at the time of commission of offense.

charged with any crime or misdemeanor, that such person was insane at the time of the commission of the same, and such person shall be acquitted, the jury shall be required to find, specially, whether such person was insane at the time of the commission of such offense, and to declare whether he was acquitted by them on the ground of such insanity; and if they shall so find and declare, the court, before whom the trial was had, shall have power to order such person to be kept in strict custody, in such place and in such manner as to the said court shall seem fit, at the expense of the county in which the trial was had, so long as such person shall continue to be of unsound mind. The same proceedings shall be had if any person indicted for an offense, shall, upon arraignment, be found to be a lunatic * *, by a jury lawfully impaneled for the purpose; or if upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment, to be a lunatic, in which case the court shall direct such finding to be recorded, and may proceed as aforesaid.

*

27. Whenever, under a provision of this act, a person is found, upon inquisition, to be a lunatic.

Ibid § 35.

When lunatic

how sup

*

has no estate, and neither himself nor his friends has sufficient ported. personal or real estate for the maintenance of said lunatic * * * he shall be supported at the expense of the county of which he is a resident; but the committee of such poor lunatic * * shall, in all respects, conform to the provisions of this act.

Ibid § 36.

Compensation

*

28. The committee, either of the person or estate of a lunatic ***, shall receive such compensation for his of committee. services as the court may order and direct; and whenever said lunatic * * * is supported at the expense of the county of which he is a resident, said county shall also pay the committee for his services.

NEW YORK.

STATE BOARD OF CHARITIES.

1. Commissioners, appointment, residence.

2. Term of office.

3. Oath of office, organization.

4. Powers and duties, facilities to be afforded for inspection.

5. Inspection of asylums, reports. 6. State aid, inquiry into application. 7. Interest in contracts forbidden, officers of asylum not to be commissioners.

8. Records, corporate powers. 9. Duties of officers; vacancies 10. Additional members appointed. 11. Inspection of charitable and correctional institutions.

12. On representation of board, attorney-general to investigate. 13. Officers of asylum to furnish information.

14. Statistics and recommendations to be reported.

15. County visitors, penalties for exclusion of.

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63. Officers, powers and duties.
64. Admitted patients supplied with
clothing.

65. Support, charged to county.
66. Support, remedies of counties.
67. Trustees to receive no compensa-
tion.

68. Purchases, vouchers to be taken.
69. Chronic insane paupers sent to
Willard asylum.

70. Chronic insane, when cared for
within county.

71. Discharge, by trustees.

HUDSON RIVER STATE HOSPITAL.

72. Establishment, board of managers.
73. Powers and duties, like those of
trustees of Utica asylum.
74. Superintendent and other officers.
75. Salaries, limit of.

76. Notice of completion, transfer of
insane from Utica asylum.

77. Hudson river hospital district.
78. Interest in contracts forbidden.
79. Managers, reports.

80. Plans for asylum.

BUFFALO STATE ASYLUM.

81. Establishment, board of managers.
82. Vacancies how filled.
83. Managers, powers and duties like
those of trustees of Utica asylum.
84. Superintendent and other officers,
appointment, residence.

85. Salaries of officers, limit of.
86. Plans and specifications.

87. Interest in contracts forbidden.

88. Managers, reports.

89. Capacity of asylum.

HOMEOPATHIC ASYLUM AT MIDDLE-

TOWN.

90. Establishment, board of trustees,
appointment, qualifications, ho-
mepathic treatment.

91. Vacancies how filled.

92. Interest in purchases forbidden.
93. Trustees, powers and duties.
94. Vacancy, when presumed.
95. Trustees, annual meeting.
96. By-laws and regulations.

97. Superintendent and other officers;
appointment, salaries.

98. Charges for care and treatment.
99. Accounts submitted to comptroller.
100. Treasurer, bond of.

STATE ASYLUM FOR INSANE CRIMINALS
AT AUBURN.

101. Title of asylum.

102. Superintendent, appointment.

103. Residence, salary.

104. Powers and duties.

105. Other officers, compensation.
106. Insane female convicts at Sing
Sing, transferred to asylum.

107. Superintendent, bond.
108. Monthly estimate of expenses.
109. Rules and regulations, powers of
inspectors of prison.

110. Insane convicts, examination and
transfer.

111. Disposition of convicts on expira-
tion of sentence.

112. Retention of convicts on expira-
tion of sentence,

113. Insane convicts on recovery re-
manded to prison.

114. Certificate of conviction when filed.
115. Physician, expenses of to be paid.
116. Support of patient, recovery of.

BINGHAMTON ASYLUM FOR CHRONIC
INSANE.

117. Establishment, board of trustees,
appointment, vacancies.
118. Additional trustees appointed.
119. Transfer of property to trustees.
120. Organization of board.
121. Inventory of transferred property.
122. Alteration and repair of building;
interest in contracts forbidden.
123. Appropriation for repairs, reports.
124. Trustees, powers and duties.
125. Superintendent and other officers,
appointment.

126. Salaries of officers.

127. Oath of office.

128. By-laws and regulations.

129. Superintendent, powers and duties.
130. Treasurer, powers and duties,
quarterly statements.

131. Steward, powers and duties.
132. Exemption of officers from militia,
road and jury service.

133. Records of trustees.

134. Inspection by trustees, reports.
135. Trustees to receive no compensa-
tion.

136. Purchases to be for cash, vouchers.
137. Chronic insane, removal from
counties, support of.

138. Discharge of patients; annual in-
spection of asylums.

139. Removal from asylum, expenses.
140. Support, charged to counties.
141. Expenses finally paid by county.
142. Admitted patients supplied with
clothing.

143. Support, limit of charges.

144. Supreme court, powers of not
abridged.

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MISCELLANEOUS PROVISIONS.

151. Investigation of complaints.
152. Fees of witnesses.

153. Penalty for disobeying subpoena.
154. Statistics of asylum to be filed.
155. Reports when to be filed.

156. State benevolent institutions de-
fined.

157. Commitment to be reported.
158. Admission to be reported within
ten days.

159. Death or discharge to be reported.
160. Accounts, itemized statement of.
161. Penalty for neglect to report.
162. Reports to be filed.

163. State charities aid association may
inspect any institution.

164. Keepers of asylums to furnish fa-
cilities for above inspection.
165. State charities aid association, an-
nual report.

166. Insane soldiers and sailors from
Bath Home transferred to asylum.
167. Insane from public institutions of
New York city, transfer of.
168. Policemen for asylums.
169. Officers of asylums exempt from
militia and jury service.

ADMISSION AND DISCHARGE.

170. Regulations for admission, physi-
cian's certificate, examination.
171. Qualifications of physician, exami-
nation by.

172. Physician of asylum, not to certify.
173. Records of admission.

174. Commitment by county officers.
175. Information to superintendent,
warrant of commitment.
176. Temporary confinement.

177. Not to be committed as disorderly,
nor confined with criminals.

178. Dangerous insane committed to
asylum after ten days.

179. Illegal confinement, penalties.
180. Appeal, investigation.
181. Support of indigent insane.

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193. Non-accountability to law.
194. Insane, when excused from ac-
countability.

195. When indicted for felony, com-

mission of lunacy, commitment.
196. When under sentence of death,
commitment by governor, on re-
covery remanded to custody,
197. Commission of lunacy, expenses.
198. Removal to Auburn asylum.
199. Insane convicts transferred.
200. Support, expenses, how borne.
201. When confined under criminal

charge investigation, commit-
ment; on recovery remanded.
202. Insane confined on civil process,
like provisions for.
203. Insane acquitted of misdemeanors,
committed to Auburn asylum.

204. Expenses of commitment.
205. Plea of insanity, when offered,
commission of lunacy.

206. Fact of insanity to be stated in
verdict of acquittal.

207. Expenses of commitment of insane
under indictment,

208. On recovery, notice to state com-
missioners, examination.
209. Plea of insanity on arraignment.
210. Jury to be instructed to state fact
of insanity in verdict.
211. Suspension of judgment, investi-
gation of insanity; on recovery,
proceedings resumed.

212. Comission of lunacy, proceedings.
213. Suspension of trial or judgment.
214. Commitment exonerates bail.
215. On recovery remanded to custody.
216. Expenses of commitment.

217. Insane after sentence of death.
218. District attorney, duties of.

219. Stay of execution, during insanity.

220. On recovery, warrant of execution.

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