it shall be lawful for such court to make an order authorizing such committee to raise so much money as the said court may think necessary, from real estate situate in such county as they may designate; and thereupon it shall be lawful for the district court of the county wherein the real estate so designated is situate, upon the petition of such committee, to make an order for the sale or mortgage of such part of said real estate as they shall think expedient and requisite to raise the amount specified.

Ibid § 20.

Committee to make return to district court.

20. The committee shall make return to the district court of the county in which the land is situate, and in such manner, and at such time, as the order of sale shall specify; but no sale or mortgage of said real estate shall be confirmed until the committee shall give security, to the satisfaction of the court, for the faithful application of the proceeds of such sale or mortgage. On the return and confirmation of said sale or mortgages as aforesaid the committee shall execute such deed of sale or mortgage, as may be, according to the terms of the contract, which deed shall convey or mortgage, as the case may be, all the right, title and interest of the lunatic ***, according to the terms of the contract aforesaid. If the committee should die, or from any cause become incapable of executing such deed, the court shall direct the clerk thereof, on the petition of the purchaser or mortgagee, to execute and deliver the necessary deed or mortgage to said purchaser or mortgagee, on his paying the money into court, and otherwise complying with the terms of the contract, and the deed or mortgage so executed by the clerk shall be as valid and effectual, to all intents and purposes, as though the same had been executed by the said committee. If a new committee shall have been appointed before said deed or mortgage shall have been executed, the court shall direct said new committee to execute and deliver to the purchaser or mortgagee the requisite deed; and the like proceedings shall be had if any committee shall refuse to execute said deed.

21. It shall be lawful for the committee aforesaid under the Ibid § 21. direction of the court, to invest the money of said Committee to invest money. lunatic *** in such manner as shall be approved by the court, and if the investment be bona fide made, the

committee shall not be liable for any loss that may arise thereby.

If lunatic

22. If any person, found by inquisition to be a lunatic *** shall be arrested or imprisoned as aforesaid, in any bid § 30. civil action, it shall be the duty of the court from arrested. which the process shall have issued, and of any judge thereof, in vacation, on the application of any person on behalf of the defendant, and a production of a certified copy of the proceedings upon such inquisition, to discharge such defendant from arrest and imprisonment without bail.

Ibid § 31.
If any person

arrested or mind, mind, pro

imprisoned, shall appear of unsound

23. If any person arrested or imprisoned as aforesaid, in any civil action, shall appear to be of unsound mind, it shall be the duty of the jailer, or keeper of the prison, forthwith to give notice of the fact to two justices of the peace, who shall, within five days, attend at the prison, and, upon the oath or affirmation of such ceedings. persons as they shall think fit to examine, proceed to inquire into the state of mind of such prisoner, and if they shall find him to be a lunatic, as was alleged, they shall forthwith make a record of the fact, and certify the same to the clerk of the district court.

Ibid $ 32.

notify district

court.

24. The clerk of the court shall immediately make known such record to the district court, if in session, or to the judge thereof in vacation, and thereupon such Clerk to court, or such judge shall appoint a day, as soon as may be convenient to him, for hearing any objection to the discharge of such prisoner; and it shall be the duty of the clerk of the court to issue notice in not less than six handbills, and also to the creditor at whose suit said prisoner is detained, at least one week before the time of hearing, that application will be made to the court, or the judge thereof, as the case may be, for the discharge of such prisoner, on the day therein specified.

Hearing.

25. On the day appointed for the hearing, as aforesaid, if it shall appear that due notice shall have been given, Ibid § 33. the court, or judge, as the case may be, shall proceed to ascertain the state of mind of such prisoner, and if they or he shall be satisfied that such prisoner is of unsound mind, an order shall be made for the discharge of such prisoner from confinement, which shall be entered on record of said court.

Proviso.

Provided, that if it shall appear to such court or judge that such person is not in a fit condition of mind to be set at large, it shall be lawful for such court or judge to make an order that he be detained in custody or delivered to his kindred or friends, who are hereby made responsible for his safe keeping, and who shall restrain him from the commission of any offense, by seclusion or otherwise.

26. Whenever it shall appear, upon the trial of any person,

Ibid § 34.

When person insane at the time of commission of offense.

charged with any crime or misdemeanor, that such person was insane at the time of the commission of the same, and such person shall be acquitted, the jury shall be required to find, specially, whether such person was insane at the time of the commission of such offense, and to declare whether he was acquitted by them on the ground of such insanity; and if they shall so find and declare, the court, before whom the trial was had, shall have power to order such person to be kept in strict custody, in such place and in such manner as to the said court shall seem fit, at the expense of the county in which the trial was had, so long as such person shall continue to be of unsound mind. The same proceedings shall be had if any person indicted for an offense, shall, upon arraignment, be found to be a lunatic *, by a jury lawfully impaneled for the purpose; or if upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment, to be a lunatic, in which case the court shall direct such finding to be recorded, and may proceed as aforesaid.

*

*

Ibid § 35.
When lunatic

how sup

ported.

* *

27. Whenever, under a provision of this act, a person is found, upon inquisition, to be a lunatic * has no estate, and neither himself nor his friends has sufficient personal or real estate for the maintenance of said he shall be supported at the expense of the county of which he is a resident; but the committee of such poor lunatic ** * shall, in all respects, conform to the provisions of this act.

lunatic * * *

Ibid § 36.

Compensation

*

28. The committee, either of the person or estate of a lunatic ***, shall receive such compensation for his of committee. services as the court may order and direct; and whenever said lunatic. * * * is supported at the expense of the county of which he is a resident, said county shall also pay the committee for his services.

NEW YORK.