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CRIMINAL INSANE.

Revision of $11.

1877, p. 625, Proceedings

in case of per

sons acquit

ted of crime

on ground of

69. When a person shall have escaped indictment, or have been acquitted of a criminal charge upon trial, on the ground of insanity, upon the plea pleaded of insanity or otherwise, the court, being certified by the jury or otherwise of the fact, shall carefully inquire and ascertain whether his insanity in any insanity. degree continues, and if it does, shall order him in safe custody, and to be sent to the asylum prescribed by the rules and regulations aforesaid; the county from which he is sent shall defray all his expenses while there, and of sending him back, if returned; but the county may recover the amount so paid from his own estate, if he has any, or from any relative or county that would have been bound to provide for and maintain him elsewhere.

Ibid p. 625,
Proceedings

§ 111.

in case of insane persons in confine

70. If any person in confinement, under indictment or for want of bail for good behavior, or for keeping the peace or appearing as a witness, or in consequence of any summary conviction, or by order of any justice, or under any other than civil process, shall ap- ment. pear to be insane, the judge of the circuit court of the county where he is confined shall institute a careful investigation, call a respectable physician and other credible witnesses, invite the prosecutor of the pleas to aid in the examination, and, if he shall deem it necessary, call a jury, and for that purpose is fully empowered to compel the attendance of witnesses and jurors; and if it be satisfactorily proved that he is insane, said judge may discharge him from imprisonment, and order his safe custody and removal to the asylum, as prescribed by the rules and regulations aforesaid, where he shall remain until restored to his right mind; and then, if the said judge shall have so directed, the superintendent shall inform the said judge and the county clerk and prosecutor of the pleas thereof, whereupon he shall be remanded to prison, and criminal proceedings be resumed, or otherwise discharged; the provisions of the last preceding section, requiring the county to defray the expenses of a patient sent to the asylum, shall be equally applicable to similar expenses arising under this section and the one next following.

Ibid p. 626,
§ 112.
On acquittal

71. Persons charged with misdemeanors, and acquitted on the ground of insanity, may be kept in custody and sent to the asylum, prescribed by said rules and regulations, in the same way as persons charged with crimes.

for misdemeanors on grounds of insanity.

Ibid p. 627,

72. A patient of the criminal class may be discharged by order of one of the justices of the supreme court, if, bischarge of upon due investigation, it shall appear safe, legal and right to make such order.

criminal

patients.

Ibid p. 605,

$ 20.

tic not to be

imprisoned.

73. No idiot or lunatic during the time of his or her lunacy, shall be or stand committed or detained in prison Idiot or luna- for want of bail, or his or her body taken in execution in any civil action, or in any action for a penalty; and in case any idiot or lunatic shall be arrested and detained in custody in any civil suit, contrary to the true intent and meaning of this act, he or she shall be discharged, on motion, by the court out of which the process issued, on which he or she is so held in custody, or upon a writ of habeas corpus issuing out of the court of chancery or the supreme court, and allowed by the chancellor or one of the justices of the supreme court, returnable forthwith before the chancellor or any one of the justices of the supreme court.

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General Laws

of 1880, ch. 74,

$1

District judge

mission in

de lunatico

1. It shall be lawful for any district judge in this territory to issue a commission, in term or vacation time, in the nature of a writ de lunatico inquirendo, to inquire into the lunacy or habitual drunkenness of any per- to issue comson within this territory, or having real or personal future of writ estate therein. Such commission shall issue in the inquirendo. county in which such person, who is alleged to be a lunatic or habitual drunkard, shall be or reside for the time being. If such person shall be absent from the territory, the commission shall issue in the county wherein he last had his residence, or in which his property is situated, and shall be executed therein. 2. The said commission shall be in the following form, to wit:

The Territory of New Mexico to

Greeting:

Whereas, we have been informed in our of the county of

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now a lunatic,

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Ibid § 2.
Form of com-
mission.

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*

* and we being

in

willing to be more fully satisfied of the state of the said the premises, have appointed, and do hereby appoint, authorize and command you, or any two of you (if the commission be directed to three or more), that at such certain day and place as you (or any two of you) shall think fit, you diligently inquire, by the oaths or affirmations of six or more good and lawful men of the county of by whom the truth of the

Powers of

commis

sioners.

,

is a luna

matter may be better known, whether the said. tic * * * or not; and if you find him to be a lunatic, then how long he hath been so, and if he enjoys lucid intervals, and of what lands and tenements, goods and chattels he was seized or possessed, or entitled to, at the time of his becoming a lunatic, and the value thereof, and whether he has since aliened or disposed of the same, or any part thereof, and to whom. *** And for the purpose aforesaid, we do authorize and empower you (or any two of you) to issue under your hand and seal (or the hands and seals of any two of you) all such writs of venire, subpoenas, and habeas corpus, as to you (or any two of you) shall seem necessary and proper, and to force obedience to the same, and to all necessary orders and rules in the premises, as fully as our said court may lawfully do; and the inquisition so to be made, you are to return to our said court on or before the next, under your hand and seal (or the hands and seals of any two of you) and the hands and seals of those by whom you shall make that inquisition and this commission.

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Ibid § 3. When commission to issue.

of

, president (or as the case may be), of our
day of
A. D. 18

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3. No such commission as aforesaid shall issue except upon a petition in writing, of a relation by blood or marriage of the person therein named, or of a person who is interested in the estate, and which petition must be accompanied by an affidavit that the facts set forth are true. And the court shall have power to issue said commission to one person only, who shall have the same power in the premises as two or more.

4. It shall be the duty of the court at the time of granting any application as aforesaid, to make such order respecting notice of the execution of the commission

Ibid § 4.

Order of

court.

to the party with respect to whom such commission shall be issued, or to some of his near relations or friends, who are not concerned in the application, as the said court shall deem advisable.

Ibid § 5.
ers to direct

Commission

5. It shall be lawful for the commissioner or commissioners to direct a venire to the sheriff, requiring him to summon not less than six, nor more than twelve persons upon the inquest, as the circumstances to them may seem to require.

venire to

sheriff.

hid§ 6.

When person

has no estate.

6. If the court shall be of opinion that the person, with respect to whom the proceedings are instituted, has no estate, or not sufficient to justify the expense of a commission, and the proceedings under it, the judge thereof, in person, shall hold said commission during the term of the court, and shall direct an inquest to be impaneled from the jurors attending said court, and which proceedings shall have the like force and effect as an inquisition held by commissioners as aforesaid.

Ibid § 7. ground for party making

When no

application,

it to pay the cost.

7. If upon such inquisition it shall appear that said party, with respect to whom the proceedings were had, is not a lunatic * * * and it shall appear to the judge or commission holding such inquisition that there was not probable cause for such application, the same shall be certified on such inquisition, and thereupon the party making such application shall be liable for the costs of said proceedings, and the clerk of the court is hereby empowered to issue execution for the same.

Fees.

8. Every such commissioner shall receive two dollars per diem for his services, and the persons impaneled bid § 8. upon the inquest one dollar per diem for their services. The sheriff shall receive fifty cents for serving process on each juror on the inquisition, with the usual mileage.

9. Every person aggrieved by any inquisition as aforesaid, may traverse the same upon, or after, return of the same, and proceed to trial thereon before a jury, and

have like remedy and advantage as in other cases

upon untrue inquisitions.

Ibid § 9.

Person agtraverse the

grieved by inquisition may

same.

10. It shall be lawful for the court, after the return of the inquisition as aforesaid, notwithstanding any traverse of the same that may be pending, to make

Thid $ 10. orders for

Court to make

care of person.

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