same duty and liable to the same penalty under the provisions of this act as though such person was an insane pauper. 67. Whenever the probate court, upon the application herein

Ibid § 7. Decision of court conclusive.

provided for, shall adjudge the person insane, but shall not appoint a guardian over him under the provisions of this act, for the reason that such person is a pauper, and the selectmen making the application shall thereafter proceed against the overseer of the poor of the town where such person resides, under sections three and four of this act, the decision of such court that such person is a pauper shall be conclusive against the overseer in said proceedings.

Selectmen to

penses.

68. The selectmen giving to the guardian or overseer the Ibid § 8. notice herein provided for may take such insane restrain, ex- person into custody and keep him in such confinement as may be necessary until removed by said guardian or overseer; and all necessary expenses incurred in so doing, after the expiration of the time allowed for his being put under restraint under the first notice, or when such person is taken into custody at any subsequent time, under the provisions of this act, may be recovered by said town of such guardian or overseer, in addition to the penalty herein provided for in the same suit.

§ 1702.
When person

is not in

dicted be

69. When a person, held in prison on a charge of having committed an offense, is not indicted by the grand jury by reason of insanity, the grand jury shall so cause insane. certify to the court, and thereupon, if the discharge or going at large of such insane person is deemed manifestly dangerous to the community, the court may order him conCommitment. fined in the county jail, or in the insane asylum at Brattleboro, or some other suitable place, at his own expense, if he has estate sufficient for that purpose, and if not, at the expense of the state.

§ 1703. Acquittal by reason of insanity.

70. When a person, tried on an indictment or information for any crime or offense, is acquitted by the jury by reason of insanity, the jury, in giving their verdict of not guilty, shall state that it is given for such cause, and thereupon, if the discharge or going at large of such insane person is considered dangerous to the commu nity, the court may order him, in its discretion, to be confined

in the state prison, or in the insane asylum at Brattleboro, on such terms as the court directs.

Person com

§ 1703.

71. When a person is sent to the state prison under the provisions of section 1576 [§ 1703] the superintendent $42. shall receive him and put him to such reasonable mitted under labor as he is capable of performing and may subject him to such reasonable discipline as his condition and circumstances require; and the expense shall be paid by the state.

Act of 1982, Criminal incharge of by

No. 49, § 1.

sane, dis

court on peti

tion.

72. A person confined under an order of the court, pursuant to section one thousand seven hundred and two, and one thousand seven hundred and three,* of the Revised Laws, shall be discharged from confinement only by order of the county court for the county in which the order for confinement was made, upon petition. therefor, which petition shall be returnable to a stated term of such court, and shall be served upon the state's attorney for that county twelve days or more before the beginning of the term. 73. In case such person is confined in the insane asylum at Brattleboro and has no estate, such petition may be brought in his behalf by the supervisors of the in- from Brattlesane at the expense of the state, in which case no recognizance for costs shall be required.

Ibid § 2.
Discharge

boro.

Ibid

inals, wit

74. If it appears to such court that such person is from poverty unable to procure the attendance of witnesses mid § 3. in his behalf, such court may order as many of such witnesses to be subpoenaed by the state's attorney at the expense of the state, as it judges necessary to secure to the petitioner an impartial hearing.

nesses.

bid § 4. appearance

Court to order

for hearing.

75. Such court may issue an order which shall be directed to and executed by any sheriff or constable in the state, commanding such officer to bring such person before the court for hearing; and the officer executing such order shall deliver an attested copy thereof to the custodian of such person who shall thereupon deliver Order served such person into the custody of such officer.

on custodian.

76. If, upon hearing, it appears to the court that such person has become sane, and the discharge or going at large bid $5. of such person is not considered by the court dangerous to the community, the court shall order the charge.

* See pl. 69, 70, supra.

Power of court to dis

discharge of such person from confinement; otherwise the petition shall be dismissed, and such person, if before the court, shall be recommitted to the place of confinement from which he was brought.

Ibid § 6.

77. If upon hearing it appears that such person has sufficient estate the court may, in its discretion, upon disawarded, when. missing such petition, award costs against such estate and issue execution therefor.

Costs to be

Ibid § 7.

Terin of com

altered, peti

tion.

78. When a person acquitted of any crime or offense because of his insanity is confined by order of the court, mitment may be such court may thereafter alter the terms on which such person is confined upon petition therefor, returnable to a stated term of such court, and served upon the state's attorney for the county in which the order was made, twelve days or more before the beginning of the term.

79. The fees of witnesses produced by a state's attorney in

Ibid § 8.

Fees of witnesses.

proceedings under this act shall be paid in the manner provided for the payment of witnesses' fees

in state causes.

Ibid § 9.

80. This act shall not affect the right of a person named in section one to sue out a writ of habeas corpus to obtain his liberty.

Right of habeas
corpus not to
be affected.

81. When a person confined in the house of correction or state prison for a specified time or for life becomes insane, and certificates to that effect are made as

Ibid § 4407. Insane prisoners to be removed to asylum.

provided in sections 2749, 2750 and 2751 [§§ 2906, 2907, 2908],* the directors may cause such prisoner to be removed to the insane asylum at Brattleboro,† on such terms as they deem just, there to remain until he becomes cured of his insanity, or until the expiration of the term for which he was committed to the prison or house of correction.

82. If before the expiration of such term such person becomes sane he shall be returned to the institution to which he was originally committed and confined

§ 4408. When to be returned.

therein for the remainder of said term.

83. An insane convict who is removed to the insane asylum and who becomes sane, and thereafter and before after becoming the expiration of the term of confinement to which

§ 4409. Absconding

sane, penalty.

* See pl. 1-3, supra. † This is not a state institution.

he was originally committed, absconds from the asylum or from a person having him in charge, shall be subject to the same penalty as prisoners escaping from the state prison or house of correction.

§ 4410.

When insane

sentence.

84. A prisoner who at the expiration of his term of confinement remains insane, may be removed to the insane asylum at Brattleboro agreeably to the pro- at end of visions of this chapter and may be there kept, or if already there, may remain, at the expense of the state, at the same price allowed for insane paupers of towns, until his legal settlement is ascertained or until some relative is ordered by the proper court to furnish his maintenance.

§ 4411. Settlement;

85. For the purpose of ascertaining such settlement or proceeding against such relatives, the overseer of a town where such prisoner has ever dwelt or stayed proceedings may proceed in court as if such prisoner on his discharge had come to reside in such town.

to ascertain.

VIRGINIA.