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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 & 56. until the question of insanity shall be determined Trial or judg. by the verdict of the jury.
11. The trial of the question of insanity shall proceed in the following order:
Ibid $ 569. 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.
12. The provisions of section 383 in respect to the charge of the court to the jury, upon the trial of an indict- lid 8 570. ment, shall apply to the trial of the question of in- Charso total sanity.
13. If the jury find that defendant is sane, the trial of the indictment shall proceed, or judgment may be pro- Ibid 5 571. nounced, as the case may be.
14. If the jury find that the defendant is insane, the trial or 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.
Jnry on trial
Defendant found sane.
Returning to sanity ; pro
15. The commitment of the defendant, as mentioned in the Ibid $ 573. last section, shall exonerate any bail he may have ation of 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.
16. If the defendant be received by the person so appointed, Ibia 8 674. he must be detained by him until he becomes sane.
When he becomes sane, such person shall give notice dings 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.
17. The expense of placing the defendant in the custody of Ibid $ 575. such proper person, of keeping him and bringing Espinse de him back, shall, in the first instance, be chargeable
rge 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.
fendant; to whom chargeable.
COMMISSIONERS OF PUBLIC CHARITIES. | 36. Apportionment of counties.
37. Admission in ratio of population. 1. Appointment, term of office.
38. Support, settlement of expense. 2. Organization of board.
39. Mandamus to compel payment. 3. Powers and duties; inspection.
40. Preferences to recent cases and to 4. Visitations, reports, special investi
those capable of labor. gation.
41. Patients, transfer to proper asylum. 5. Inspection of pauper asylums.
42. Petition for inquest of insanity. 6. State aid, inquiry into application.
43. Warrant of arrest. 7. Judicial powers granted.
44. Subpoena of witnesses. 8. Attendance on sessions of legisla
45. Trial of insanity by jury. ture.
46. Form of verdict. 9. Compensation of board.
47. Order of commitment, application 10. Interests in contracts forbidden.
to superintendent. GOVERNMENT OF ASYLUMS.
48. Application made to which asylum,
- answer of superintendent. 11. Establishment, locations, titles. 49. Warrant of commitment, service. 12. Trustees, corporate powers.
50. Form of warrant. 13. Object of asylums, powers of trus 51. Superintendent's receipt, filing of tees as to admission.
warrant. 14. Government of asylums vested in 52. Idiots and others not admitted.
boards of trustees, residence. 53. Temporary confinement. 15. Removal, vacancies how filled. 54. Expenses of trial, how borne. 16. Oath of office.
55. Expenses of commitment. 17. Control of appointments and re 56. Clothing of private patients. movals.
57. What clothing to be supplied. 18. Compensation of trustees.
58. Clothing to be supplied to indigent 19. Superintendent's powers and duties.
patients by counties. 20. Organization of board.
59. Discharge, notification to county, 21. Treasurer and superintendent, bond. expenses, how borne. 22. Accounts of treasurer.
60. Non-resident patients, when ad23. Duties of treasurer.
mitted, charges for. 24. Meetings of trustees, quorum. 61. Discharge upon recovery; habeas 23. Reports of treasurer and superin
corpus, illegal detention. tendent.
62. Insane patients may be committed 26. Interests in contracts forbidden.
to county asylum. 27. Purchase of supplies, regulations. | 63. Trial by jury necessary. 28. Register of officers and employes. 64. Illegal confinement, penalty for. 29. Records of stores and supplies. 65. Free access by clergymen. 30. Reports and statistics of asylums. 66. Officers to permit ministrations of 31. Reports of trustees.
religion. 32. Publication and distribution. 67. Penalty for refusal. 33. County boards may erect asylums. 34. Property deeded to use of asylum,
CRIMINAL INSANE. how controlled.
68. Non-accountability to law, fact of ADMISSION AND DISCHARGE.
insanity found in verdict, com
mitment. 35. Support of insane to be free, non- | 69. Judgment and sentence stayed.
residents, chargeable with costs, 70. Insane convicts removed to asylum, special care by agreement.
restored to be recommitted.
R. S. of 1883, ch. 23, $ 2. Appointment,
Ibid $ 3.
1. The governor, by and with the consent of the senate,
1883. shall appoint five persons, to be called and known
ent, as "The Board of State Commissioners of Public term of office: Charities.” One of the persons so appointed shall
ouers. hold his office for one year, one for two years, one for three years, one for four years, and one for five years, as indicated by the governor in making the appointments; and all appointments thereafter, except to fill vacancies, shall be for five years. In case of any vacancy occasioned by the removal from the state by any such person so appointed, or death, or resignation, or non-acceptance of the office, or removal from office by the governor, by any such person so appointed, the governor shall immediately fill such vacancy, and all appointments made by the governor when the senate is not in session shall be valid until the next session of the senate. 2. Before entering upon their duties, the said commissioners
shall, respectively, take and subscribe the constituOath. tional oath required of other state officers, which shall be filed in the office of the secretary of state, who is hereby authorized and directed to administer such oath. Powers. The said commissioners shall have power to elect a president out of their number, and such other officers and agents as they may deem proper, and to adopt such by-laws and regulations for the transaction of their business, as they may consider expedient.
3. The said commissioners shall have full power, at all times, Ibia $ 4. to look into and examine the condition of the several powers. institutions, which they may be authorized by this act to visit, financially and otherwise; to inquire and examine into their methods of instruction, and the government and management of their inmates; the official conduct of trustees, directors, and other officers and employes of the same; the condition of the buildings, grounds, and other property connected therewith, and into all other matters pertaining to their usefulness and good management. And for these purposes they shall have free access to the grounds, buildings, and all books and papers relating to said institution; and all persons now or hereafter connected with the same are hereby directed and required to give such information, and afford such facilities for inspection, as the said commissioners may require.
4. The said commissioners, or some one of them, are hereby authorized and required, at least twice in each year, Ibid 5. and as much oftener as they may deem necessary, annual re.. to visit all the charitable and correctional institu- sioners. tions of the state, excepting prisons receiving state aid, and ascertain whether the moneys appropriated for their aid are or have been economically and judiciously expended; whether the objects of the several institutions are accomplished; whether the laws in relation to them are fully complied with ; whether all parts of the state are equally benefited by said institutions, and the various other matters referred to in the third section of this act, and report, in writing, to the governor, by the fifteenth of December, annually, the result of their investigations, together with such other information and recommendations as they may deem proper. And the said board of public charities, or one of them, shall make any special investigation into alleged abuses in any of said institutions, whenever the governor shall direct, and report the result of the same to the governor.
5. The said commissioners, or one of them, shall also, at least once each year, visit and examine into the Ibid 5.6. condition of each of the city and county alms or poor where insane houses, or other places where the insane may be report. confined, and shall possess all the powers relative thereto, as mentioned in the third section of this act; and shall report to the legislature, in writing, the result of their examination, in connection with the annual report above mentioned.
6. Whenever any charitable or correctional institutions, subject to the inspection herein provided for, re- Ibils ? quire state aid for any purpose other than their commissionusual expenses, the said commissioners, or some, or upon such. one of them, shall inquire carefully and fully into the ground of such want, the purpose or purposes for which it is proposed to use the same, the amount which will be required to accomplish the desired object, and into any other matters connected therewith; and in the annual report of each year they shall give the result of such inquiries, together with their own opinions and conclusions relating to the whole subject.
7. The said commissioners, or any one of them, are hereby authorized to administer oaths, and examine any Ibid § 8.
To visit places
are kept, and