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Ibid § 17.

The sanity of viously de

a person pre

clared insane may be in

28. Any person who has been declared insane, or the guardian, or any relative of such person, within the third degree, or any friend, may apply, by petition, to the probate judge of the county in which he was declared insane, to have the fact of his restoration to capacity vestigated, judicially determined. The petition shall be verified how. and shall state that such person is then sane. Upon receiving the petition the judge must appoint a day for the hearing. The judge shall cause notice of the trial to be given to the guardian of the petitioner, if there be a guardian, and to his or her husband or wife, if there be one, and to his or her father or mother, if living in the county. On the hearing, the guardian or relative of the petitioner, and, in the discretion of the judge, any other person may contest the right of the petitioner to the relief demanded. Witnesses may be required to appear and testify, as in other cases, and may be called and examined by the judge of his own motion. If it be found that the petitioner be of sound mind, and capable of taking care of himself and his property, his restoration to capacity shall be adjudged, and the guardianship of such person, if such person be not a minor, shall cease.

* * * *

* * *

the

Ibid § 51.

29. When a guardian, appointed either by the testator or the probate judge, becomes insane, probate court may, upon such notice to the guardian

Guardians

may be re

moved for cause.

as the court may require, remove him and compel him to surrender the estate of the ward to the person found to

be lawfully entitled thereto.

* *

* * *

Ibid $ 52.

Termination

of guardian

30. * * * * * And the guardian of an insane or other person may be discharged by the probate judge when it appears to him, on the application of the ward or otherwise, that the guardianship is no longer necessary.

ship of insane person.

31. A person cannot be tried, adjudged to punishment, or punished for a public offense while he is Act of 1878, § 454.

insane.

Criminal Code.

Doubt as to

bid $455. sanity of de

32. When an indictment is called for trial, if a doubt arises as to the sanity of the defendant, the court must order the question to be submitted to a jury; when such doubt arises, on the defendant being brought

fendant; how determined.

up for judgment on conviction, the court must order a jury to

be summoned from the list of jurors provided by law, to inquire into the fact; and the trial of the indictment or the pronouncing of the judgment must be suspended until the question of insanity is determined by the verdict of the jury. 33. The trial of the question of insanity must proceed in the following order:

$ 456.

Order of trial of the question of insanity.

(1) The counsel for the defendant must open the case and offer evidence in support of the allegation of insanity.

(2) The counsel for the people may then open their case and offer evidence in support thereof.

(3) The parties may then respectively offer rebutting testimony only, unless the court, for good reason in furtherance of justice, permit them to offer evidence upon their original

cause.

(4) When the evidence is concluded, unless the case is submitted to the jury on either or both sides without argument, the counsel for the people must commence, and the defendant or his counsel may conclude, the argument to the jury.

(5) If the indictment be for an offense punishable with death, two counsel on each side may argue the case to the jury, in which case they must do so alternately. In other cases the argument may be restricted to one counsel on each side. (6) The court must then charge the jury, stating to them all matters of law necessary for their information in giving their verdict.

Charge of

court.

$ 457.

Verdict of the

ceedings

thereon.

34. If the jury find the defendant sane, the trial of the indictment must proceed, or judgment may be projury and pro- nounced, as the case may be. If the jury find the defendant insane, the trial or judgment must be suspended until he becomes sane, and the court, if it deems his discharge dangerous to the public peace or safety, may order that he be in the meantime committed by the proper officer to a lunatic asylum, and that upon his becoming sane, he be re-delivered to the proper officer.

$ 458.

if defendant

35. The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person, is committed, authorized to receive the property of the defendant, his bail, etc. to a return of any money he may have deposited instead of bail.

it exonerates

Defendant de

tained in an

asylum until

sane; notice

36. If the defendant is received into an asylum, he must be detained there until he becomes sane. When he § 459. becomes sane, the person having him in charge must give notice of that fact to the proper officer, who must thereupon, without delay, bring the defendant from the asylum, and place him in proper custody until he is brought to trial or judgment, as the case may be, or is legally discharged.

he becomes then to be

given to

proper officer.

§ 460. Expense of

sending, etc., asylum,

defendant to

37. The expenses of sending the defendant to the asylum, of keeping him there, and of bringing him back are in the first instance chargeable to the county in which the offense was committed, but the county may recover them from the estate of the defendant, if he have any, or from a relative legally bound to care for him, or from the county in which he was a resident.

where charge

able.

If reason to

suppose de

fendant in

sane, jury to it; how and

inquire into

38. If, after judgment of death, there is good reason to suppose that the defendant has become insane, the proper $348. officer, with the concurrence of the judge of the court, by which the judgment was rendered, may summon from the list of the jurors selected by the proper officers for the year, a jury of twelve persons to inquire into the supposed insanity, and must give immediate notice thereof to the prosecuting attorney, or other counsel for the people.

by whom or

dered.

$ 349. Prosecuting

attorney, duty

of, upon in

Inquisition,

39. The prosecuting attorney must attend the inquisition, and may produce witnesses before the jury, for which purpose he may issue process in the same manner as for witnesses to attend before the grand quisition. jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court. 40. A certificate of the inquisition must be signed by the jurors and the proper officer, and filed with the $350. clerk of the court in which the conviction was had. how certified 41. If it is found by the inquisition that the defendant is sane, the proper officer must execute the judgment; § 351. but if it is found that he is insane, such officer must suspend the execution of the judgment until he receives a warrant from the governor, or from the judge of the court by which the judgment was rendered, directing the execution of the judgment. If the inquisition finds that the de

and filed.

Proceedings upon finding of the jury.

fendant is insane, the officer must immediately transmit it to the governor, who may, when the defendant becomes sane, issue a warrant, appointing a day for the execution of the judgment.

42. Any person licensed as herein provided, who shall

Act of 1882,

p. 32, § 5.

Penalty for

selling to In

etc.

knowingly give, sell or otherwise dispose of any intoxicating drink to an Indian, insane or idiotic perdians, minors, son, or to any minor, apprentice or. employe under twenty-one years of age, without the consent of the parents, guardians or employer thereof, shall be held and deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than ten nor more than one hundred dollars, and shall also be liable to pay all costs of prosecution.

VERMONT.

SUPERVISION AND CARE OF INSANE.

1. Regulations for admission, physi

cians' certificate.

2. Appeal from decision of physicians, proceedings.

3. Patient not to be received pending appeal.

4. Harmless insane not to be confined in asylum.

5. Physicians' certificate, date of; certificate of judge.

6. Personal examination by physicians, penalty for neglect.

7. Admission on order of court. 8. Patients, treatment, discharge. 9. Illegal admission, penalty. 10. Blank certificate supplied to judge. 11. "Insane person" defined.

12. Supervisors of the insane, election of, qualifications.

13. Duties of supervisors. 14. Reports of supervisors. 15. Powers of supervisors.

16. Cases referred to supervisors, proceedings.

17. Petition of friends, duty of supervisor.

18. Investigation of insanity, discharge. 19. Recusant witnesses, penalty. 20. Refusal to obey order of discharge. 21. Compensation of supervisors. 22. Reports of officers, when filed. 23. Indigent insane, when supported

by state.

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44. Neglect to furnish statements, penalty.

45. Guardians for insane, appointment. 46. Investigation for appointment. 47. Proceedings at the hearing. 48. Expenses of defense, how borne. 49. Support and custody of insane wife. 50. Guardian, powers and duties. 51. Guardian, pendente lite. 52. Guardian, when removed. 53. Discharge of guardian. 54. Commission for discharge. 55. Duties of justice.

56. Discharge of guardian by justice. 57. Appeal from decision of justice. 58. Trial of appeal.

59. Result certified to probate court.

60. Sureties of ward, liability on bond. 61. Restraint by guardians.

62. Restraint by selectmen.

63. Restraint of indigent insane.

64. Penalty for neglect by guardian. 65. Guardian, appointment. 66. Proceedings for appointment. 67. Decision of court on question of indigence conclusive.

68. Temporary restraint by selectmen.

CRIMINAL INSANE.

69. Insane not indicted, commitment. 70. Acquittal on ground of insanity, proceedings.

71. Discipline for insane in state prison.

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