§ 114.

Reimburse

ment to the

state from lu

digent.

swers thereto, shall be incorporated in the judgment, and if it be found that the defendant is possessed of natics not iu- property, or that some other person is legally liable for his support, the county judge may, from time to time, upon request of the superintendent of the lunatic asylum, cite the guardian of such lunatic, or other person legally liable for his support, to appear at some regular term of the county court for civil business, then and there to show cause why the state should not have judgment for the amount due it for the support and maintenance of such lunatic, and if sufficient cause be not shown judgment may be entered against such guardian or other person for the amount found to be due the state, which judgment may be enforced as in other cases. 58. The state, in cases provided for in the preceding article, shall in no instance recover more than five dollars per week for the support of any lunatic, and the certificate of the superintendent of the lunatic asylum as to the amount due shall be sufficient evidence to authorize the court to render judgment.

§ 115. Limitation as

to amount

and procedure.

§ 116.

59. The county attorney shall appear and represent the state in all cases provided for in the two precedto represent state. ing articles.

County attorney

§ 117. Warrant to convey luna

60. Immediately after any person is adjudged a lunatic the county judge shall communicate with the superintendent of the asylum, and, if notified by the latter tic to asylum. that there is a vacancy in the institution or that the patient can be accommodated, he shall issue his warrant to the sheriff, or some other suitable person, directing him to convey the lunatic to the asylum without delay, which warrant shall prescribe the number of guards to be allowed, in no case to exceed two, and shall be executed with all convenient dispatch.

§ 118. Relative or friend may

61. No warrant to convey a lunatic to the asylum shall issue if some relative or friend of the lunatic will undertake, before the county judge, his care and restraint, give bond, etc. and will execute a bond in a sum to be fixed by the county judge, payable to the state, with two or more good and sufficient sureties to be approved by the county judge, conditioned that the party giving such bond will restrain and take proper care of the lunatic so long as his mental unsoundness

continues, or until he is delivered to the sheriff of the county or other person, to be proceeded with according to law; which bond shall be filed with and constitute a part of the record of the proceeding, and may be sued and recovered upon by any party injured, in his own name.

$119.

Record made

warded.

62. The proceedings in any inquisition of lunacy shall be entered of record in the probate minutes of the county court by the clerk thereof, and before any up and forpatient is sent to the asylum the county judge shall cause a complete transcript of the proceedings to be made up and certified by the clerk of the county court under the seal of said court, which transcript he shall forward by mail to the superintendent of the asylum.

63. Before sending any patient to the asylum, the county judge shall take care that the patient is provided $120. with two full suits of substantial summer clothing clothing to be and one full suit of substantial winter clothing.

Suitable

provided.

64. When the defendant is acquitted on the ground of insanity the jury shall so state in their verdict.

C. C. P., § 722.

C. C. P., § 723. plea of guilty insane.

Verdict on a

by a person

65. When a jury has been empaneled to assess the punishment upon a plea of "guilty," they shall say in their verdict what the punishment is which they assess; but where the jury are of the opinion that a person pleading guilty is insane they shall so report to the court, and an issue as to that fact be tried before another jury, and if upon such trial it be found that the defendant is insane, such proceedings shall be had as are directed in title 12, chapter 2 [1] of this code.*

66. If it be made known to the court at any time after conviction, or if the court has good reason to believe C. C. P.. § 947. that a defendant is insane, a jury shall be empaneled conviction. to try the issue.

Insanity after

a defend

C. C. P., § 948.

67. Information to the court as to the insanity of ant may be given by the written affidavit of any respectable person, setting forth that there is good as to insanity. reason to believe that the defendant has become insane.

Information

68. For the purpose of trying the question of insanity the court shall empanel a jury as in the case of a crimi- C. C. P., § 949.

nal action.

* See ?? 947-960, pl. 66-79, infra.

Jury em-
paneled.

69. The counsel for the defendant has the right to open and conclude the argument upon the trial of an issue as to insanity.

C. C. P., § 950.

Defendant's counsel may open and conclude.

70. If the defendant has no counsel, the court shall appoint C. C. P., § 951. counsel to conduct the trial for him.

71.

No special formality re

No special formality is necessary in conducting the. C. C. P., § 952. proceedings authorized by this chapter. The court shall see that the inquiry is conducted in such a quired on trial. manner as to lead to a satisfactory conclusion. 72. When upon the trial of an issue of insanity, the defendC. C. P., § 953. ant is found to be insane, all further proceedings in the case against him shall be suspended until he becomes sane.

Proceedings

suspended.

C. C. P., § 954.
Court shall

73. When a defendant is found to be insane, the court shall make an order, and have the same entered upon commit insane the minutes, committing the defendant to the custody of the sheriff, to be kept subject to the further order of the county judge of the county.

defendant.

Shall be con

74. When a defendant has been committed, as provided in C. C. P., § 955. the preceding article, the proceeding shall forthwith fined in luna- be certified to the county judge, who shall take the necessary steps, at once, to have the defendant confined in the lunatic asylum, as provided in the case of other lunatics, until he becomes sane.

tic asylum

until, etc.

When the defendant be

75. Should the defendant become sane, he shall be brought C. C. P., § 956. before the court in which he was convicted, and a jury shall again be empaneled to try the issue of his sanity; and should he be found to be sane, the conviction shall been forced against him in the same manner as if the proceedings had never been suspended.

comes sane,

etc.

C. C. P., § 957. Affidavit of sanity of defendant.

76. The fact that the defendant has become sane, may be made known to the court in which the conviction was had by the official certificate, in writing, of the superintendent of the lunatic asylum where he is confined; or, if not confined in the lunatic asylum, by the affidavit, in writing, of any credible person.

Proceedings

77. When a certificate, or affidavit, such as is provided for C. C. P.. § 958. in the preceding article is presented to the judge, or upon affidavit. court, either in vacation or in term time, such judge, or court, shall issue a writ, directed to the officer having

1

custody of such defendant, commanding such officer to bring the defendant before the court immediately, if the court be then in session; and if the court be not then in session, to bring the defendant before the court at its next regular term for the county in which the conviction was had, which writ shall be served and returned as in case of the writ of habeas corpus, and under like penalties for disobedience.

When defendant is

insane.

78. Should the defendant again be found to be insane he shall be remanded to the custody of the super- c. c P., § 959. intendent of the lunatic asylum, or other proper again found to be officer. 79. When, upon the trial of an issue of insanity, it is found that the defendant is sane, the judgment of conviction shall be enforced as if no such inquiry be enforced, had been made.

c. c. P., § 960.

Conviction shall

when.

P. C., § 39.
Insanity a de-

80. No act done in a state of insanity can be punished as an offense. No person who becomes insane after he committed an offense, shall be tried for the same fense. while in such condition. No person who becomes insane after he is found guilty shall be punished for the offense while in such condition.

P.

C., § 40.

Proof of in

sanity, ac common law.

cording to

81. The rules of evidence known to the common law, in respect to the proof of insanity, shall be observed in all trials where that question is in issue. The manner of ascertaining whether the insanity is real or pretended, when it is alleged that the defendant became insane after the commission of the offense, is prescribed in the code of criminal procedure.

UTAH.

1. There shall be established upon a site to be selected by the board of directors hereinafter provided for, an Territorial in institution for the care and treatment of the insane, to be designated and known as the territorial in

2. [Six persons named] are hereby constituted a board of directors of the territorial insane asylum, and shall hold their office until their successors, who shall be elected by the legislative assembly, and whose term