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 Court may ad- general sessions of the peace and jail delivery until term to term. sentence can properly be passed. Whether he have Evidence of so recovered his reason may be established to the court by any evidence it may choose to consider for that purpose, and need not be by commission. journ from recovery of reason. How established. Ibid § 3. Notification to appoint commission. 17. The clerk of the court, upon the appointment of a commission, shall forthwith notify the members of it by 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 compensation, 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. Compensat'n. 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 same as in cases of similar service, to be paid as other state costs are in capital cases. and officers. 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 of this state, the defense of insanity shall be made Provisions in and established to the satisfaction of the jury em ed by act of 1883, vol. 17, ch. 75 case of insane charged with crime punish panelled on said trial, and the fact charged shall be proved, it shall be the duty of the jury to return a able with death. 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 mid $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. Custody of 21. When any insane person shall be confined in jail, it shall be lawful for the levy court to issue an order to a Ch. 8, § 31. constable, commanding him to demand and receive the insane. 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. DISTRICT OF COLUMBIA. 1. Establishment of government asylum. 2. Superintendent, appointment, qualifications, powers and duties. 3. Board of visitors. 4. President of board of visitors. 5. Inspection of asylum. 6. Who may be admitted. 7. Admission confined to whom. 8. Marine hospital-service, entitled to admission, charges. 9. Naval insane supported at discretion of secretary. 10. Inmates of the National Home admitted; support of. 11. Admission of indigent insane of the District of Columbia. 12. Requisites for admission. 13. Physician's certificate and affidavit 14. Applications by board of visitors. U. S., 1878, 1. There shall be in the District of Columbia a government hospital for the insane, and its objects shall be the Rev. Stat. of most humane care and enlightened curative treat-438; ment of the insane of the army and navy of the mout United States and of the District of Columbia. Establish government hospital for the insane. § 4839, amended bass, The superin ch. 132. § 1. tendent. 2. The chief executive officer of the hospital for the insane shall be a superintendent, who shall be appointed by the secretary of the interior, and shall be entitled to a salary of four thousand dollars a year, and shall give bond for the faithful performance of his duties, in such sum and with such securities as may be required by the secretary of the interior. The superintendent shall be a well-educated physician, possessing competent experience in the care and treatment of the insane; he shall reside on the premises, and devote his whole time to the welfare of the institution; he shall, subject to the approval of the visitors, engage and discharge all needful and usual employes in the care of the insane, and all laborers on the farm, and determine their wages and duties; he shall be the responsible disbursing agent of the institution, and shall be ex-officio secretary of the board of visitors. 4840. Board of visitors. 3. Nine citizens of the District of Columbia, to be appointed by the president, shall constitute a board of visitors of the hospital for the insane. The term of office of three visitors shall expire biennially on the thirtieth day of June in every alternate year, dating from the thirtieth day of June, eighteen hundred and fifty-seven. Should any vacancy occur by death, resignation, or otherwise, it shall be filled by appointment for the unexpired term of such visitor. The office. of visitor shall be honorary and without compensation. 4. The board of visitors shall select from their number a President of president, to preside at their meetings for one year, the board of or until a successor is elected. visitors. $ 4842. Powers and duties of the board of visitors. 5. The board of visitors, subject to the approval of the secretary of the interior, may make any needful by-laws for the government of themselves, and of the superintendent and his employes, and of the patients, not inconsistent with law; they shall visit the hospital at stated periods, and exercise so careful a supervision over its expenditures and general operations that the government and community may have confidence in the correctness of its management; they shall make annually to the secretary of the interior a report for the preceding fiscal year setting forth the condition and wants of the institution. $ 4843. Admission of insane persons of the 6. The superintendent, upon the order of the secretary of war, of the secretary of the navy, and of the secretary of the treasury, respectively, shall receive and keep in custody until they are cured, or removed by the same authority which ordered their reception, insane persons of the following descriptions: army, navy, marine corps, etc. (1) Insane persons belonging to the army, navy, marine corps, and revenue cutter service. (2) Civilians employed in the quartermaster's and subsistence departments of the army who may be, or may hereafter become, insane while in such employment. (3) Men who, while in the service of the United States, in |