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insane, or are in doubt respecting his mental condition, the judge shall order him to be placed in some hospital for the insane, or some other place favorable for a scientific observation of his mental condition. The person to whose custody he may be committed, sball report to the judge respecting his mental condition, previous to the next term of court and if such report is not satisfactory, the judge shall appoint a commission of inquiry, in the manner just mentioned, whose opinion shall be followed by the same proceedings as in the first instance.

15. Whenever any person is acquitted in a criminal suit, on the ground of insanity, the jury shall declare this fact in their verdict; and the court shall order the prisoner to be committed to some place of confinement, for safe keeping, or treatment, there to be retained until he may be discharged in the manner provided in the next section.

16. If any judge of the highest court having original jurisdiction, shall be satisfied by the evidence presented to him, that the prisoner has recovered, and that the paroxysm of insanity in in which the criminal act was committed, was the first and only one he had ever experienced, he may order his unconditional discharge; if, however, it shall appear that such paroxysm of insanity was preceded by at least one other, then the court may, in its discretion, appoint a guardian of his person, and to him commit the care of the prisoner, said guardian giving bonds for any damage his ward may commit: Provided, always, That in case of homicide, or attempted homicide, the prisoner shall uot be discharged, unless by the unanimous consent of the superintenden and the managers of the hospital, and the court before which he was tried.

17. If it shall be made to appear to any judge of the supreme judicial court, or other high judicial officer, that a certain insane person is manifestly suffering from the want of proper care, or treatment, he shall order such person to be placed in some hospital for the insane, at the expense of those who are legally bound to maintain them.

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18. Application for the gnardianship of an insane person shall be made to the judge of probate, or judge having similar jurisdiction, who, after a hearing of the parties, shall grant the measure, if satisfied that the person is insane, and incapable of managing his affairs discreetly. Seasonable notice shall be given to the person who is the object of the measure, if at large, and if under restraint, to those baving charge of him; but his presence in court, as well as the reading of the notice to him, may be dispensed with, if the court is satisfied that such reading, or personal attendance, would probably be detrimental to his mental or bodily health. moval of the guardianship shall be subjected to the same mode of procedure as its appointmelt.

19. Insane persons shall be made responsible, in a civil snit, for any injury they may commit npon the person, or property of others ; reference being had in regard to the amount of damages, to the pecuniary means of both parties, to the provocation sustained by the defendant, and any other circumstance which, in a criminal buit, would furnish ground for mitigation of punishment.

20. The contracts of the insane shall not be valid, unless it can be shown, either that such acts were for articles of necessity, or comfort, suitable to the means and condition of the party, or that the other party had no reason to suspect the existence of any mental impairment and that the transaction exhibited no marks of unfair advantage.

21. A will may be invalidated on the ground of the testator's insanity, provided it be proved that he was incapable of understanding the nature and consequences of the transaction, or of appreciating the relative values of property, or of remembering and calling to mind all the heirs-at-law, or of resisting all attempts to substitute the will of others for his own. A will may also be invalidated on the ground of the testator's insanity, provided it be proved that he entertained delusions respecting any heirs-at-law, calculated to produce unfriendly feeling towards them.


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JANUARY, 1870.


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