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

C. C. P., § 952.

No special formality re

special formality is necessary in conducting the 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 cusdefendant. tody of the sheriff, to be kept subject to the further order of the county judge of the county.

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

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.

c. c P., § 959. again found to be

When defendant is

insane.

78. Should the defendant again be found to be insane he shall be remanded to the custody of the superintendent of the lunatic asylum, or other proper 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 had been made.

c. c. P., § 960. be enforced,

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

term of office,

of office shall be four years, shall be elected and qualified. At said election such choice shall be made that three Successors, of the persons comprising the board of directors how elected, shall always consist of citizens of the county in etc. which said asylum shall be situated. They shall be divided into two classes, in the order of their names as herein recorded: the first, second and third named shall go out of office at the expiration of two years from the passage of this act; the fourth, fifth and sixth shall go out of office at the expiration of four years from the passage of this board. act; provided, that the governor of this territory shall be and is hereby made ex-officio a member of said board.

Governor of territory a

member of

Ibid § 3. how filled.

Vacancies,

3. In case of a vacancy occurring in said board, when the legislature is not in session, said board may fill such vacancy until the next session thereof, and then the legislature shall proceed to fill such vacancy.

official oath Ibid § 4.

Directors to

take oath of zation.

office; organi

4. The directors shall qualify by taking an within twenty days after their appointment, which shall be filed with the auditor of public accounts of this territory; and within thirty days after their appointment, they shall meet and organize, by selecting of their number a president, who shall preside at their meetings, and perform such other duties as may be prescribed by the by-laws; they shall, at the same time and place, elect from their number a vice-president, who shall perform the duties of the president in his absence. They shall also elect from their number a secretary.

to be

selected.

5. The directors shall proceed to make a selection of a site for said asylum, which selection of site shall be con- Ibid § 5. fined to that portion of this territory embraced in Site for asythe counties of Salt Lake, Utah, Davis and Weber; the directors being authorized, upon the above named basis, to fix more definitely the limits to the territory to be admitted in the selection of said site. In making a selection for a site for said institution, the directors shall not be influenced by any offers of money or property, but shall decide upon said site solely upon the grounds of healthfulness, adaptability to the purposes of the institution, cost of material for construction, and convenience of access from the different portions of this territory. They shall have power to receive by gift, or to con

tract for and to make purchase of such site for the location of said asylum.

Ibid § 6. Directors to procure and adopt plans.

etc., and provide for

ings.

6. The directors shall procure and adopt plans, drawings and specifications for the construction of the asylum buildings, and the improvement of the grounds, and shall make provision for the erection of the buildtion of buildings, and cause the same to be carried out in accordance with such plans and specifications, and on such terms as they may deem proper; and further provided, that the directors shall not adopt any plans for the asylum or other buildings, that will not secure the building and finishing of at least one section thereof, suitable for the accommodation and treatment of patients, with the appropriation named in this act. 7. The directors and other officers shall have no interest, Ibid § 7. direct or indirect, in the furnishing of any building have no inter- materials, or in any contracts for the same, or in any contract for labor in the erection of said asylum, nor in any contract for any labor, material or supplies for the maintenance thereof.

Directors shall

est in con

tracts, etc.

Ibid $ 8.

8. The plans and specifications for said asylum shall be upon the basis of accommodating not exceeding two hundred and fifty patients at any one time.

Number of patients to be

provided for.

Ibid § 9.

Name of board of di rectors.

aud duties.

9. The board of directors shall be known by the name and style of the board of directors for the insane asylum, and by that name they and their successors shall be known in law, may sue and be sued, in any of the courts of this territory, and may receive, take and hold propTheir powers erty, both real and personal, in trust for the territory, and for the use and benefit of said asylum. They shall have power to govern, manage and administer the affairs of said asylum, and make and adopt by-laws for their own government and the government of said asylum, not repugnant to the laws of the United States or of this territory. They shall cause to be kept by the secretary a full and correct record of their proceedings, which shall be open at all times to the inspection of any citizen desiring to examine the same. They shall hold stated meetings at the asylum quarterly at such time as may be prescribed by the by-laws, and a majority of the board shall constitute a quorum for the transaction of business. They shall make a thorough inquiry into all the