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17 sanity shall have been determined shall order his safe 18 custody and removal to the state lunatic asylum for in19 sane criminals, if such person shall be in custody upon 20 conviction or under sentence of imprisonment upon 21 a criminal charge; in other cases to such asylum or to a 22 state hospital for the insane, as the court or judge shall 23 deem right.

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R. S., 2160, L. 1874, ch. 446, § 26.

§ 660. If defendant committed, bail exonerated or deposit 2 of money refunded.-The commitment of the defendant, 3 as mentioned in the last preceding section, exonerates 4 his bail or entitles a person authorized to receive the 5 property of the defendant to a return of any money he 6 may have deposited instead of bail.

1 § 661. Detention of defendant in an asylum or hospital and 2 proceedings on his becoming sane. If the defendant be 3 received into an asylum or hospital, he must be detained 4 there until he becomes sane. When he becomes sane 5 the superintendent must give a written notice of that 6 fact to a judge of the supreme court of the district in 7 which the asylum is situated. The judge must require 8 the sheriff, without delay, to bring the defendant from 9 the asylum and place him in the proper custody until 10 he is brought to trial, judgment or execution, as the case 11 may be, or he be legally discharged. If the period of his 12 imprisonment shall have expired, he shall be discharged.

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Id.

§ 662. Expenses incident to sending a person to asylum or 2 hospital; how paid.-The expenses of sending a person 3 to an asylum or hospital, or keeping him there, and of 4 bringing him back, as herein provided, are in the first 5 instance chargeable to the county from which he was 6 sent. But the county may recover them from the estate 7 of such insane person, or from a relative, town, city or 8 county bound to maintain and provide for him else9 where, by action in the name of the people, or the 10 the treasurer of the asylum or hospital, as such.

R. S., 2165, L. 1874, ch. 446, § 17.

L. 1890, ch. 126, §§ 7, 13.

PENAL CODE AMENDMENTS.

PENAL CODE AMENDMENTS.

AN ACT to amend the penal code.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

The several parts and sections of the penal code, corresponding to those hereinafter specified, are amended to read respectively as follows:

TITLE XII.

OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY. SECTION 385. "Public nuisance" defined.

386. Unequal damage.

387. Maintaining a nuisance a misdemeanor.

388. Permitting building to be used for nuisance.

389. Keeping gunpowder unlawfully.

390. Throwing gas-tar, etc., into public waters.

391. Violation of quarantine laws by master of vessel.

392. Giving false information relative to vessel, or permitting
person to land before visit of health officer.

393. Landing from vessel before visit of health officer.
394. Going on board vessel at quarantine grounds, or entering
quarantine grounds without leave.

395. Violating quarantine regulations.

396. Obstructing health officer in performance of his duty. 397. Willful violation of health laws.

398. Unlicensed piloting.

399. Coasting steamers excepted.

400. Acting as port-warden without authority.

401. Apothecary omitting to label drugs, or labeling them

wrongly.

402. Apothecary selling poison without recording the sale.

403. Refusing to exhibit record.

404. Selling poison without label.

405. Medical prescriptions.

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