Proceeds.

The proceeds of any such judgment, or execution, attachment, or sale, shall be applied according to legal priority. Any money applicable to such judgment, shall be paid to the treasurer of the poor, and any excess shall be paid into said court; which payment shall discharge the sheriff, or person, paying the same.

Judgment against garnishees.

If the amounts admitted, or found due from garnishees, exceed the amount of any judgment against the insane person, judgments shall, notwithstanding, be rendered against them for the sums so due from them respectively; and the excess shall be paid into court. Such Effect of judgment shall not, before payment, be any discharge to the garnishee, nor any defence for him, nor for any other person legally bound to reimburse such expenses. Any such garnishee may pay into court any sum admitted or found due from him to such insane person; and such payment shall be a discharge of the debt.

Payment into

court.

All money, so paid into court, shall be applicable to any Application of judgments obtained, or that may be obtained as money. aforesaid, to reimburse the expenses incurred for such insane person.

Ch 48, § 8. Custody of the insane.

10. The overseer shall receive and safely keep all insane persons committed to his charge by order of the levy court. If he permit any person to be in the almshouse who ought not to be there, he shall be liable to pay the corporation double the cost of such person's support. 11. It shall be lawful for the trustees of the poor of any county to contract with the trustees of the any

Act of 1883, vol. 17, ch. 76, § 1. Contracts of

trustees of the poor of one county with trustees of the

er county.

of poor other county in the state for the care and treatment of any indigent insane person or persons in such first mentioned county upon such terms and poor of anoth conditions as they may mutually agree upon. If such contract be made, it shall be the duty of the Duties of the trustees of the poor so contracting to send such insane persons to another county to pay such sum or sums as they may contract to pay in accordance with their agreement; and such insane person or persons shall, during the time of remaining in the county to which he, she, or they is or are sent, be subject to the rules, regulations or of the insane. control of the trustees of the poor in that county to the same extent as the indigent insane of such county.

trustees.

Government

Transfer of

asylum.

12. The trustees of the poor of the several counties are required, on the recommendation of the chancellor Ch. 45, § 23. and the resident associate judge in either county, the insane to to cause any of the insane poor of their county, whether in or out of the almshouse, to be removed to any hospital, asylum or institution for the insane in the United States; and for this purpose, to make contracts with such institution for admission into the same; and the said trustees are authorized to defray, in the whole or part, the expenses of such removal, and of the keeping and supporting Expense. the person, so removed, in such institution, so long as they may judge proper to do so.

Act of 1871,

ed

'75, vol. 15,

low such indischarged.

digent insane person is to be

13. Whenever the principal physician of the said asylum, hospital or institution shall represent, in writing vol. 14, ch. 57, to the governor of this state that any indigent by act of lunatic or insane person, so removed from this state, has been cured by the treatment prescribed in his or her behalf, or so far benefited and improved in condition as to render his or her further residence in the, said asylum, hospital or institution unnecessary, or that said indigent lunatic or insane person has not for one year past manifested any marked improvement in his or her condition. then such indigent lunatic or insane person, upon the written request of the governor addressed to the proper authorities of the said asylum, hospital or institution, shall be discharged from a residence in the said asylum, hospital or institution under the provisions of this act.

14. The words "insane person" shall be construed to include every idiot, non-compos and lunatic person.

Rule 5, ch. 5.

vol. 17, ch. 79,

$1 When point commisinto mental patients.

court may ap

sion to inquire

condition of

15. Whenever, in a capital case, it shall appear to the court in any manner that the prisoner has become insane Act of 1883. after conviction and before sentence, the said court shall have power, with a view of informing its own mind upon the subject, to appoint a commission, to be composed of experienced and practical men, two at least of whom shall be practicing physicians, to made. inquire of the mental condition of such prisoner and make report of their finding to the said court, within one month from the date of their appoinment, by writing, under their hands and seals. They shall have power to examine wit

Report, when

Powers of commission.

prisoner

sentence

nesses on oath, and to order the taking of testimony out of the state by commission, to be issued in the usual form by the clerk of the court of oyer and terminer. 16. Should the report of the commission be that the prisoner Ibid § 2. When is insane, he shall be remanded to the custody of remanded, the sheriff until the further order of the court. pronounced. Should he recover his reason after such remand, he shall receive the sentence appointed for his crime. And to avoid any unnecessary delay or uncertainty, the court trying the prisoner shall adjourn from term to term of the court of general sessions of the peace and jail delivery until term to term. sentence can properly be passed. Whether he have so recovered his reason may be established to the established. court by any evidence it may choose to consider for that purpose, and need not be by commission.

Court may adjourn from

Evidence of recovery of reason. How

Ibid § 3.

Notification to

mission.

17. The clerk of the court, upon the appointment of a commission, shall forthwith notify the members of it by appoint com a paper, to be delivered to each by the sheriff, under the hand of the clerk and the seal of the court, and the commission shall be issued to them and be delivered by the sheriff to one of them within one week after their appoint ment. They shall receive for their services a reasonable comCompensat'n. pensation, in the discretion of the court, not to exceed sixty dollars, to be paid by the county treasurer upon orders under the seal of the court, countersigned by a judge of the court; and the provisions of this act shall apply to cases where any person shall have been already convicted and not yet sentenced as well as to cases that may occur after the passage of this act.

How paid.

of witnesses

18. The fees of witnesses, sheriff and clerk, and the expenses Ibid § 4. Fees of a commission to take depositions, shall be the and officers. same as in cases of similar service, to be paid as other state costs are in capital cases.

vol.11, ch. 397,

19. If upon the trial of any person upon any indictment Act of 1857, in the court of oyer and terminer, or in the court $1, as amend of general sessions of the peace and jail delivery 1883, vol. 17, of this state, the defense of insanity shall be made

ed by act of

ch. 75.

Provisions in

case of insane and established to the satisfaction of the jury emcrime punish- panelled on said trial, and the fact charged shall be

charged with

able with

death. proved, it shall be the duty of the jury to return a

appointed.

penses; how

verdict of "not guilty by reason of insanity," and upon the rendition of such verdict, the court, before which the issue shall have been tried, may upon motion of the attorneygeneral, order that the person so acquitted shall forthwith be committed, by the sheriff, to the keeper of the almshouse of the county wherein the case was tried, or of the county of the residence of said insane person, or the court may order such person to be placed in any lunatic asylum, or institution for insane persons in the United States. For this purpose the same court may appoint a trustee, whose Trustee to be duty it shall be to contract with any such asylum His duty, exor institution for the admission and support of such defrayed. insane person. The expenses of the removal of such insane person, and of his admission into and support at such asylum. or institution, shall be borne by the trustee of the poor of the county where the act charged was committed, or of the county of such insane person's residence; but if any such insane person shall have any real or personal estate, said trustee of the poor may have for the expenses and charges so in- Remedy of curred as aforesaid, the same remedy as is provided poor. in section 22 of chapter 48 of the revised statutes of this state in the case of insane persons supported in the county

almshouse.

trustee of

bid § 2. powers of

Discretionary

court of gen.

20. The court of general sessions of the peace and jail delivery of the county wherein such case shall have been tried, may order that such insane person charged and acquitted as aforesaid, shall be set at sessions." large whenever they shall be satisfied that the public safety will not be thereby endangered, or may order such person to be removed from any such asylum or institution to the almshouse of the county where he resided at the time of the commission of the act charged in the indictment, or of the county where the act charged was committed.

Ch. 8, § 31.
Custody of

the insane.

21. When any insane person shall be confined in jail, it shall be lawful for the levy court to issue an order to a constable, commanding him to demand and receive from the sheriff such insane person, and deliver him at the almshouse to the keeper thereof; and the constable shall forthwith obey said order; and if the sentence of any convict shall be respited, on the ground of insanity, such convict

shall be subject to removal to the almshouse under such an order.

The levy court of the county from which any insane poor

Charges

of removal.

person shall have been removed under the provisions of chapter 48, shall allow to the trustees of the poor, in their settlement with said court, the charges and expenses defrayed and paid in such removal.