the regular jury, or may order a jury to be summoned, as prescribed in section 453, to inquire into the fact.

Ibid

a $ 588. Trial or judg

10. The trial of the indictment, or the pronouncing of the judgment (as the case may be), shall be suspended until the question of insanity shall be determined by the verdict of the jury.

ment sus

pended.

11. The trial of the question of insanity shall proceed in the following order:

Ibid § 569.
Insanity, how

tried.

1st. The counsel for the defendant shall open the case and offer evidence in support of the allegation of insanity. 2d. The counsel for the people shall open their case and offer evidence in support thereof.

3d. 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.

4th. 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.

5th. 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.

6th. The court shall then charge the jury if requested by either party.

Ibid § 570.

12. The provisions of section 383 in respect to the charge of the court to the jury, upon the trial of an indictment, shall apply to the trial of the question of in- Charge to sanity.

13. If the jury find that defendant is sane, the indictment shall proceed, or judgment may be pronounced, as the case may be.

jury on
of.

trial

trial of the bid § 571.

Defendant found sane.

trial or

Ibid § 572.

Found insane,

14. If the jury find that the defendant is insane, the judgment shall be suspended until he become sane; and the court, if it deem his discharge dangerous to proceedings. the public peace or safety, may order that he be in the meantime committed by the sheriff to the custody of some proper person, and that, upon his becoming sane, he be re-delivered by such person to the sheriff.

Ibid § 573. Bail, exoneration of.

15. The commitment of the defendant, as mentioned in the last section, shall exonerate any bail he may have given, and shall entitle any person authorized to receive the property of the defendant to a return of any money he may have deposited instead of bail.

Ibid § 574.

sanity; pro

ceedings.

16. If the defendant be received by the person so appointed, he must be detained by him until he becomes sane. Returning to When he becomes sane, such person shall give notice to the sheriff and district attorney of the county of that fact. The sheriff shall thereupon, without delay, take the defendant from the custody of such person, and place him in proper custody until he be brought to trial or judgment, as the case may be, or be otherwise legally discharged.

Ibid § 575. Expense of keeping defendant; to whom chargeable.

17. The expense of placing the defendant in the custody of such proper person, of keeping him and bringing him back, shall, in the first instance, be chargeable to the county in which the indictment was found; but the county may recover them from the estate of the defendant, if he have any, or from any relative, town, city or county bound to provide for and maintain him elsewhere.

ILLINOIS.

R. S. of 1883, ch. 23, § 2. Appointment,

1. The governor, by and with the consent of the senate, shall appoint five persons, to be called and known as "The Board of State Commissioners of Public Vacancy.com. Charities." One of the persons so appointed shall missioners. hold his office for one year, one for two years, one for three years, one for four years, and one for five years, as indicated by the governor in making the appointments; and all appointments thereafter, except to fill vacancies, shall be for five years. In case of any vacancy occasioned by the removal from the state by any such person so appointed, or death, or resignation, or non-acceptance of the office, or removal from office by the governor, by any such person so appointed, the governor shall immediately fill such vacancy, and all appointments made by the governor when the senate is not in session shall be valid until the next session of the senate.

Ibid $3.
Oath.

2. Before entering upon their duties, the said commissioners shall, respectively, take and subscribe the constitutional oath required of other state officers, which shall be filed in the office of the secretary of state, who is hereby authorized and directed to administer such oath. The said commissioners shall have power to elect a president out of their number, and such other officers and agents as they may deem proper, and to adopt such by-laws and regulations for the transaction of their business, as they may consider expedient.

Powers.

Ibid § 4.

Further

powers.

3. The said commissioners shall have full power, at all times, to look into and examine the condition of the several institutions, which they may be authorized by this act to visit, financially and otherwise; to inquire and examine into their methods of instruction, and the government and management of their inmates; the official conduct of trustees, directors, and other officers and employes of the same; the condition of the buildings, grounds, and other property connected therewith, and into all other matters pertaining to their usefulness and good management. And for these purposes they shall have free access to the grounds, buildings, and all books and papers relating to said institution; and all persons now or hereafter connected with the same are hereby directed and required to give such information, and afford such facilities for inspection, as the said commissioners may require.

Duties,

port, commis

4. The said commissioners, or some one of them, are hereby authorized and required, at least twice in each year, bid § 5. and as much oftener as they may deem necessary, annual reto visit all the charitable and correctional institu- sioners. tions of the state, excepting prisons receiving state aid, and ascertain whether the moneys appropriated for their aid are or have been economically and judiciously expended; whether the objects of the several institutions are accomplished; whether the laws in relation to them are fully complied with; whether all parts of the state are equally benefited by said institutions, and the various other matters referred to in the third section of this act, and report, in writing, to the governor, by the fifteenth of December, annually, the result of their investigations, together with such other information and recommendations as they may deem proper. And the said board of public charities, or one of them, shall make any special investigation into alleged abuses in any of said institutions, whenever the governor shall direct, and report the result of the same to the governor.

bid $6. where insane report."

To visit places

are kept, and

5. The said commissioners, or one of them, shall also, at least once each year, visit and examine into the condition of each of the city and county alms or poor houses, or other places where the insane may be confined, and shall possess all the powers relative thereto, as mentioned in the third section of this act; and shall report to the legislature, in writing, the result of their examination, in connection with the annual report above mentioned.

State aid.

commissionupon such.

ers report

6. Whenever any charitable or correctional institutions, subject to the inspection herein provided for, re- Ibi $7. quire state aid for any purpose other than their usual expenses, the said commissioners, or some, or one of them, shall inquire carefully and fully into the ground of such want, the purpose or purposes for which it is proposed to use the same, the amount which will be required to accomplish the desired object, and into any other matters connected therewith; and in the annual report of each year they shall give the result of such inquiries, together with their own. opinions and conclusions relating to the whole subject.

7. The said commissioners, or any one of them, are hereby authorized to administer oaths, and examine any bid § 8.