vict is of unsound mind, the judge shall send the statement of said physician, with his own opinion, to the governor, who is hereby authorized, at his discretion, to remove or cause to be removed said convict to the place provided for the insane and idiotic. Act of Oct. 19, 1864, $170. Proceeding, when defend ant acquitted of insanity. 12. If the defense be the insanity of the defendant, the jury must be instructed, if they find him not guilty on that ground, to state that fact in their verdict, and the court must thereupon, if it deems his being at large dangerous to the public peace or safety, order him to be commmitted to any lunatic asylum, authorized by the state to receive and keep such persons, until he become sane, or be otherwise discharged therefrom by authority of law. 13. When the commission of the act charged as a crime is proven, and the defense sought to be established is bid $204. the insanity of the defendant, the same must be be proven. proven beyond a reasonable doubt; and no act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition; but whenever the actual existence of any particular motive, purpose or intent, is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the defendant was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act. Insanity must PENNSYLVANIA. STATE BOARD OF CHARITIES. 1. Creation of board. 2. Oath of office, organization. 3. Meetings; commissioners to receive no compensation. 4. General agent, term of office, duties; to be a member of the board. 5. Inspection of asylums. 6. Annual visitation. 7. Annual reports of charitable institutions to general agent. 8. Duties of general agent on application for state aid. 9. Power of commissioners to administer oaths. 10. Not to be interested in contracts. 11. Annual report of board. COMMITTEE ON LUNACY. 12. Supervision over asylums. 13. Additional members of board of charities; qualifications. 14. Committee on lunacy, organization. 15. Duties of committee. 16. Powers of committee. 17. Annual report. 18. To make rules regulating care of insane and license of asylums. 19. County board of visitors. 22. Houses for confinement of insane 24. Board of charities to provide for visitation of all insane. 25. Rules for admission of visitors. 26. Illegal detention, penalties. 27. Verdict or judgment not to be en tered except on certificate of negligence or corrupt action. 28. Records of asylums to be kept. ADMISSION AND DISCHARGE. — GENERAL RULES. 29. Regulations for admission; physician's certificate. 30. Requisites of certificate. 63. Fact of insanity to be stated in verdict of acquittal, proceedings. 64. Upon arraignment, jury to be empaneled, proceedings. 65. On discharge for want of prosecution, like proceedings. 66. Delivery to friends after acquittal. 67. Expenses of, reimbursement. 68. Acquittal on ground of insanity, fact to be stated in verdict; temporary commitment. 69. Discharge after three months' confinement, in discretion of judge. 70. Discharge for ill health. 71. Transfer to asylum, proceedings. 72. Power of court to commit to asylum during insanity. 73. On recovery, to be remanded to prison or discharged. 74. On expiration of sentence, may be delivered to relative. 75. Expenses of removal, how borne. 76. Fulton county to bear expenses of indigent insane criminals. HARRISBURG ASYLUM. 77. Board of trustees, title, powers; to appoint superintendent and treasurer; salaries of officers. 78. Superintendent, powers and duties. 79. Property may be held in trust. 80. Counties entitled to patients in ratio of insane population. 81. Charges for indigent and private patients. 82. Insane criminals, commitment, expenses. 83. Legal settlement or residence, liability for expenses. 84. Indigent insane, expenses of reremoval and maintenance. 85. Commitment of insane paupers by authorities of the poor. 86. Expenses of maintenance, covered by asylum. how re 87. Commitment by courts, powers. 88. Preferences for admission. 89. Ex-offico visitors of asylum. 90. Prisoners in eastern penitentiary, transfer to asylum. 91. Fact of insanity to be inquired into by court. 92. Insane criminals acquitted of felony, when sent to asylum. 93. Incurable insane criminals remanded to prison. 94. Indigent insane, liability of county for support, reimbursement. 95. Recovery of money due asylum from counties. 96. Discharge, upon application of relatives; security required. 97. Preference to indigent insane. 98. Railroads forbidden through asylum grounds. DIXMONT ASYLUM. 99. Ex-officio visitors of asylum. 100. Board of managers, appointment; annual report. 101. Convicts in western penitentiary transfer to asylum, proceedings. 102. Investigation of insanity by courts, powers, proceedings. 103. Criminal insane, courts authorized, to commit. 104. Indigent insane, commitment by township, liability for expenses. Transfer of insane from western penitentiary. 105. 106. Inebriates, temporarily insane, commitment by courts, proceedings; security for expenses. 107. Incurable criminal insane, remanded to prison. 108. Incurable indigent insane returned to counties. 109. Cured criminal insane remanded to custody. 110. Cured indigent insane returned to county. 111. Allegheny county insane, regulations for discharge. 112. Inquiry by courts into indigence of criminal insane. 113. Support and commitment, expenses how borne. 114. Reimbursement of expenses. 115. Certified copy of commitment furnished solicitor and physician. 116. Criminals whose expenses remain unpaid returned to county. 117. Preference, order of admission. 118. Indigent insane, charges. 119. Apportionment of charges. 120. Streets through grounds prohibited. 121. Commitment of criminal insane. 122. Support of insane criminals, charged to county. 123. Service of process. 124. Proceedings on arrest. 125. Decree of court for commitment. 126. Expenses of maintenance, chargeablility for. DANVILLE ASYLUM. 127. Establishment; board of trustees, powers and duties; officers. 128. Superintendent, powers and duties. 129. Trustees may hold property in trust. 130. Admission and discharge, pro visions relating to Harrisburg asylum to apply to Danville. 131. Discharge to relatives on security. 132. Transfer of patients to Danville. 133. Apportionment of counties. WARREN ASYLUM. 134. Establishment, board of trustees, powers and duties. 135. Trustees, residence, not to be interested in contracts. 136. Trustees, duties; superintendent and female physicians. 137. By-laws; treasurer, appointment; salaries of officers. 138. Officers, appointment. 139. Trustees may hold property in trust. 140. Insane criminals, commitment. NORRISTOWN ASYLUM. 146. Asylum to be devoted to the care 147. Authorities of the poor to commit 1. The governor, with the advice and consent of the senate, shall, as soon as practicable after the passage Act of 1869, p. 90, § 1. lic charities erected. of commis of this Board of pub- act, appoint five commissioners, who, together with the general agent and secretary hereinafter mentioned, shall constitute a board of public charities; one of the Appointment persons so appointed shall hold office for one year, sioners. one for two years, one for three years, one for four years and one for five years, unless sooner removed; appointments to fill vacancies caused by death, resignation or removal before the expiration of terms, may be made for the residue of such terms, by the governor, subject to the consent of the senate, and all appointments to fill vacancies caused by expiration of terms shall be made in the same manner, and shall be for the period of five years each. Ibid § 2. 2. The commissioners, before entering upon their duties, shall, respectively, take and subscribe the oath required of other state officers, which shall be filed in the office of the secretary of the commonwealth, who is hereby authorized and directed to administer said oath; they shall have power to elect a president out of their own number, to appoint a general agent and secretary, and to adopt such regulations for the transaction of the business of the board and the management of its affairs as they may deem expedient. 3. The said board shall be provided with a suitable room in the state capital, in which it shall hold its meetings, and it shall meet therein at least once in every three Ibid § 3. Meetings of the board. H months; the time for such regular meetings to be fixed at the time of its organization; the commissioners shall receive no compensation for their services but their actual traveling and other necessary expenses, which shall be paid by the state treasurer, upon the certificate of the auditor general. Ibid § 4. Tenure of agent; his du 4. The general agent and secretary of the board of public charities shall hold his office for three years, unless sooner removed; he shall be a member of the board ex-officio, and it shall be his duty, subject to the con- ties. trol and direction of said board, to keep a correct record of its proceedings, perform such clerical services as it may require, oversee and conduct its outdoor business, visit all charitable and correctional institutions in the state at least once in each year, except as hereinafter provided, and as much oftener as the board may direct, examine the returns of the several cities, counties, wards, boroughs and townships in relation to the support of paupers therein, and in relation to births, deaths and marriages; and he shall prepare a series of interrogatories, with the necessary accompanying blanks, to the several institutions of charity, reform and correction in the state, and to those having charge of the poor in the several counties thereof, or any subdivision of the same, with a view to illustrate, in his annual report, the causes and best treatment of pauperism, crime, disease and insanity; he shall also arrange and publish in his said report all desirable information concerning the industrial and material interests of the commonwealth bearing upon these subjects, and shall have free access to all reports and returns now required by law to be made; and he may also propose such general investigations as he may think best for the approval of the board. He shall be paid annually the sum of three thousand dollars and his actual traveling expenses. Powers of board of com 5. The said commissioners shall have full power, either by themselves or the general agent, at all times, to Ibid § 5. look into and examine the condition of all charitable, reformatory or correctional institutions within missioners. the state, financially and otherwise, to inquire and examine into their methods of instruction, the government and management of their inmates, the official conduct of trustees, directors and other officers and employes of the same, the condition of |