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order such person into the care of the superintendent of the insane hospital, to be detained and observed by him till the further order of the court, that the truth or falsity of the plea may be ascertained.

Ibid § 2,

as amended
1879, ch. 160,
§ 1.
Grand jury
failing to find
indictment or
traverse jury
acquirting
shall so cer-
tify to the
court.

43. When the grand jury omits to find an indictment against any person arrested by legal process to answer for any offense by reason of his insanity, they shall certify that fact to the court; and when a traverse jury, for the same reason, acquits any person indicted, they shall state that fact to the court when they return their verdict; and the court, by a precept stating the fact of insanity, may commit him to the insane department of the state prison or to the insane hospital; and any person so committed to the insane department of the state prison shall be discharged by the court having jurisdiction of the case only on satisfactory proof that his discharge will not endanger the peace and safety of the community; and when on satisHow such factory proof such person so discharged from the discharged insane department of the state prison is again found. commitment. insane and dangerous, any judge of the supreme judicial court may, by a precept stating the fact of his insanity, recommit him to the insane department of the state prison, or to the insane hospital.

Powers of court.

person may be

from such

44. Any person so committed to the insane hospital, may be

Ibid § 3,

as amended

1879, ch. 160, § 2. Person so committed may be discharged or entrusted to friends.

discharged by any judge of the supreme judicial court, in term time or vacation, on satisfactory proof that his discharge will not endanger the peace and safety of the community; or the judge may, on application, commit him to the custody of any friend, who gives bond to the judge of probate for the county of Kennebec, with sufficient sureties, approved by said judge of probate, conditioned for the safe keeping of such insane person, and the payment of all damages which any person may sustain by his acts. And when, on satisfactory proof, he is again found insane, and dangerous, any judge of the supreme judicial court may, by a precept stating the fact of his insanity, recommit him to the insane hospital.

45. The person so committed shall be there supported at his Ibid § 4. own expense, if he has sufficient means; otherwise ed at hospital. at the expense of the state.

How support

Ibid $5,
as amended
1877, ch. 188.

When an instate prison becomes in

mate of the

or county jail

46. When an inmate of the state prison or county jail becomes insane, the warden or jailer shall notify the governor of the fact, and he, with advice of council, shall appoint a commission of two or more skilful physicians to investigate the case, and if such inmate is found insane by their examination, he shall be sent to the insane hospital until he becomes of soundings. mind; and if this takes place before the expiration of his sentence, he shall be returned to prison; but if after, he shall be discharged free. The expenses of the commission, removal, and support, shall be paid by the state.

sane, proceed

Act of 1879.
Insane con-

ch. 160, § 3.

victs in the

47. The convicts insane now in the insane hospital upon satisfactory proof that the said persons insane are incurable, and that a longer residence therein will have a deleterious influence on the other patients of said hospital, may be removed by order of the governor and council to the insane department of the state prison.

hospital being may be reinsane de

incurable

moved to the

partment of state prison.

MARYLAND.

GOVERNMENT OF ASYLUMS.

1. Board of managers, apppointment,
term of office.

2. Property vested in managers.
3. Government vested in managers.
4. Appointment of officers.

5. By-laws and regulations.
6. Inspection by managers.

7. Managers may hold property in

trust.

8. Reports of managers and trustees. 9. Number of indigent insane allowed. 10. Number of private patients allowed. 11. Indigent insane, power of judges to commit.

12. Appropriation, annual.

13. Powers and duties of managers defined.

ADMISSION AND DISCHARGE.

14. Examination; jury trial; commitment; support, liability for.

R. C. 1878, art. 26, § 1.

Nine manag

ers appointed

by the gov

ernor; term of office.

15. Indigent insane transferred from
almshouse, expenses borne by
county; support, limit of liability.
16. Indigent insane, definition of.
17. Support, liability of establishment
for; appointment of guardian.
18. Trustees of the poor to provide for
support of indigent insane.

CRIMINAL INSANE.

19. Insane convicts transferred to asy-
lum, expenses borne by state.
20. Fact of insanity found in verdict.
21. Commitment to asylum.

22. Examination and commitment be-
fore indictment.

23. Examination during vacation of

court.

24. Foregoing provisions apply to all persons arrested.

1. The governor, by and with the advice and consent of the senate, shall appoint nine persons of undoubted character, and selected with a view to skill and efficiency, managers of the Maryland hospital for the insane, who shall serve without pay, and hold their offices as follows: three thereof shall hold their offices for two years; three thereof shall hold their offices for four years; and three thereof shall hold their offices for six years; and the governor shall designate their several terms at the time of their appointment; their successors shall be appointed by the governor, by and with the advice and consent of the Term of office. senate, and shall hold their offices for six years, and until others are appointed in their stead.

2. The president and visitors of the Maryland hospital are hereby authorized and directed to transfer by deed all the real estate and other property belonging to said trust, which may be in their possession, to the managers of the Maryland hospital for the insane,

Ibid § 2. Transfer of property of Maryland hospital to said managers.

above provided for, and the government of the state hospital for the insane shall be vested in the said board of managers, seven of whom shall constitute a quorum for the Quorum. transaction of business.

Powers of

3. The said board of managers shall have the general direction and control of all the property and concerns of Ibid $3. the said hospital, and shall take charge of its general managers. interests, and see that its great design be carried into effect, and everything done faithfully according to the requirements of the legislature, and the by-laws, rules, and regulations of the said hospital; but said board of managers shall have no authority or power to mortgage or pledge any of the property, real or personal, of said hospital.

Appointments

4. The board of managers shall appoint one of its number, who shall act as treasurer, who shall give bond for Ibid $4. the faithful performance of his trust, in such sum by managers. and in such sureties as the comptroller of the state shall approve; they shall also appoint a superintendent, who shall be a well-educated physician, and in addition shall also appoint as many physicians, surgeons, apothecaries, stewards, matrons, nurses, and servants, and other officers for the administration and service of said hospital as they may deem necessary, all of whom shall hold their appointments at the pleasure of the board of managers.

bid $ 5.

yes, and regulations

rules,

made by managers.

5. The board of managers may make, ordain, alter, or amend, and abolish all by-laws, rules, and regulations for the administration and government of said hospital, and for the admission and discharge of persons therein and therefrom, which rules and regulations in so far as they are within the power of the said board, and are consistent with law, shall be binding on all persons whomsoever.

Visits of

6. The said board of managers shall maintain an effective inspection of said hospital and grounds, and for Ibid § 6. this purpose one of said managers shall visit the managers. same once in every week; two of said managers once in every month, a majority of the board once in every quarter, and the whole board once in every year, at the times and in the manner to be prescribed in the by-laws.

7. The said board of managers may take and hold in trust

Ibid § 7.
Empowered

to take and

hold

property.

Ibid § 8. Reports of managers and officers.

for the state, any grant or devise of land, or any donation or bequest of money, or other personal property, to be applied to the maintenance of insane persons, and the use of the Maryland hospital for the insane. 8. The board of managers shall annually, in the month of December, submit to the governor a report, showing the past year's operations, and actual state of the hospital and property in their charge, and at the same time transmit to the governor the annual report of the superintendent and treasurer, which shall show all receipts and expenditures of every officer and employe, and compensation of each; all of which reports shall be laid before the general assembly of Maryland during the first ten days of its session.

Ibid § 9. Number of insane

paupers to be

9. The board of managers shall provide accommodation for at least two hundred and fifty pauper lunatics of this state, who may be sent to the said hospital for provided for. curative treatment, which number shall be from time to time apportioned by them among the several counties and the city of Baltimore according to their respective populations, as ascertained by the last preceding census.

Ibid § 10.

10. The said board of managers may receive into said hospital as pay patients insane persons, other than the pay patients pauper lunatics referred to in the last preceding section, to a number not exceeding seventy-five at

Number of

allowed.

any one time.

Ibid § 11.

ered to send insane pau

11. The judges of the circuit court of the several counties, and the criminal court of Baltimore city, in accordance Who empow with the provisions of the code, are hereby authorized to send from time to time to the said hospital pauper lunatics of this state, to the number to which the respective counties and city of Baltimore shall respectively be entitled under the ninth section aforegoing.

pers to the hospital.

Ibid § 12.
Appropria-

tion.

12. There shall be appropriated, and the treasurer of the state, upon the warrant of the comptroller, shall pay to the managers of the Maryland hospital for the insane, annually, in equal quarterly payments, on the first days of January, April, July and October, in each and every year, the sum of fifteen thousand dollars, for the support of said hospital

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