i § 13. be a public state.

Declared to

agency of the

13. The hospital for the insane, which was heretofore located and built on its present site, at or near Catonsville, in Baltimore county, in this state, by and under the authority of the laws of this state, and which is now under the general direction and control of the managers of the Maryland hospital for the insane, is hereby declared to have been built and established on its said site by the authority and direction of this state. The board of managers of the Maryland hospital for the insane are a body politic and corporate, by the name of the Board of Managers of the Maryland Hospital for the Insane, and shall by that name have perpetual succession, may sue and be sued in any court of this state, and may have and use a common seal, and, may, at their pleasure, alter, and change the same. The said corporation shall have and exercise all the rights and powers heretofore vested in the board of managers of the Maryland hospital for the insane. The said board of managers of the Maryland hospital for the insane, as such corporation, is hereby declared to be a public agency of this state for the administration of one of the charities thereof; and the hospital aforesaid, located as aforesaid, is hereby declared to be one of the means adopted by this state for the administration of one of its public charities.

Lunatic, or in

lunacy by

14. When any person is alleged to be a lunatic or insane pauper, the circuit court for the county in which Art. 53, § 2. such person may reside, or the criminal court of sane pauper. Baltimore, if such person resides in the city of Baltimore, shall cause a jury of twelve good and lawful men to be Inquisition of impaneled forthwith, and shall charge the said jury jury. to inquire whether such person is insane or lunatic, and if found so, it shall be the duty of the court to cause such person to be sent to the almshouse of the county or city to which he belongs, or to an hospital, or to some other place better suited in the judgment of the court to his condition, there to be confined at the expense of the county or city until he shall have recovered and been discharged in due course of law. Nothing contained in this section shall prevent the friends or relations of such lunatic or insane person from confining him, or providing for his comfort. 15. The county commissioners of any county may in their discretion remove from the almshouse any lunatic id

Not to prevent friends

of same from confining or

providing for

him.

County com

missioners

may send to

pauper therein, and cause said lunatic pauper to be hospital. sent to the Maryland hospital for the insane, and shall levy on the county such sums as will defray the expenses Expenses. incident to the removal of such lunatic, and the expenses that may be incurred during his stay in said hospital, said expenses in said hospital in no case to exceed the sum of one hundred and fifty dollars per annum. This section to apply only in case where the quota allowed any such county under article 26 of this code is filled.

Ibid § 4.

Who to be

deemed a pauper lunatic.

16. No person shall be deemed a lunatic pauper under the preceding two sections who shall possess in his own right any property, real or personal, or be entitled to the use of any property by last will and testament, or deed of trust for his use or benefit; nor shall the child of any person whose property is actually assessed to one thousand dollars who may be afflicted with lunacy, and whose usual place of abode has been with his parents, be entitled to the benefit of the preceding section.

17. If any insane or lunatic person mentioned in the three last preceding sections, shall be possessed of real

Ibid § 10. Property, how disposed of.

and personal property the annual profit or rent of which shall be adequate to his reasonable support in any hospital or asylum for the reception of insane or lunatic persons, the court or judge shall appoint a trustee for the estate of said lunatic or insane person, and shall require the said trustee to give bond to the state of Maryland, in such penalty and with such security as the court or judge shall approve, with condition that he will cause the said lunatic or insane person to be confined and supported in some hospital or insane asylum until such person shall have recovered his reason, and that he will faithfully administer and fully account for all such estate, income, and effects of said lunatic or insane person as shall come to his possession or be under his care or direction. 18. The trustees of the poor of the several counties and the city of Baltimore shall receive all persons committed Trustees of to their respective almshouses under this article, receive lunatics. lating to lunatics and insane, and shall provide for their accommodation and support, and the expenses thereof shall be levied upon the counties and the said city respectively. 19. Upon the recommendation of the board of directors of

Ibid § 11.

the poor to re

Art. 6. § S.

natic convicts; trans

fer.

the Maryland penitentiary, the governor may re- Insane or lumove any insane or lunatic convict confined in the penitentiary, and provide for the support, care and safe keeping of such convict in the Maryland hospital for the insane, or any other state institution for the insane, and the expense thus incurred shall be defrayed by the board of directors of the penitentiary, out of the funds arising from or appropriated for that institution.

Art. 53, § 5. persons in lunatic.

Jury may find dicted to be

20. When any person indicted for a crime or misdemeanor shall allege insanity or lunacy in his defense, the jury impaneled to try such person shall find by their verdict whether such person was at the time of the commission of the offense, or still is, insane, lunatic, or otherwise.

person was
Ibid § 6.
How to be

dealt with when
so found.

21. If the jury find by their verdict that such at the time of committing the offense, and then is, insane or lunatic, the court before which such trial was had shall cause such person to be sent to the almshouse of the county or city to which such person belonged at the time of the commission of such act, or to an hospital, or some other place better suited in the judgment of the court to the condition of such prisoner, there to be confined until he shall have recovered his reason, and be discharged by due course of law.

22. Where any person arrested for improper or disorderly conduct, or charged with any crime, offense, or bid § 7. misdemeanor, against whom no indictment has

Inquisition to

inquire whether person arrested

for crime or is insane or

misdemeanor,

lunatic.

been found, shall appear to the court, or be alleged to be a lunatic or insane, the court shall cause a jury of twelve good and lawful men to be impaneled forthwith, and shall charge said jury to inquire whether such person was at the time of the commission of the act complained of insane or lunatic, and still is so; and if such jury shall find that such person was at the time of the commission of such act insane or lunatic, and still is so, the court shall direct such person to be confined as directed in the preceding section, at the expense of the county or city, as the case may be, until he shall have recovered and been discharged by due course of law.

23. If, during the recess of the circuit court for any county,

Ibid § S.
Inquisit'n dur.

cuit court of

inal court of

Baltimore.

or the criminal court of Baltimore, any person aping recess of cir- pearing or alleged to be insane or lunatic shall be county, or crim- arrested and charged with any crime or misdemeanor before the judge thereof, the said judge shall issue an order to the sheriff of the county or city where said offense has been committed, requiring him forthwith to summon a jury of twelve good and lawful men, and to charge such jury to inquire whether such person was lunatic or insane at the time such offense was committed, and then is so; and if the jury find that the party charged was insane or lunatic at the time of the commission of the offense, and still is so, the judge shall commit such person, as directed in the preceding section.

Ibid § 9.

Where person

failing to give

24. The provisions of the preceding sections relating to lunatics and insane shall apply to the case of any person who may be arrested on any process issued keep the peace. by any court or judge of this state, founded on oath, requiring security to keep the peace, and who shall fail to give such security.

security to

MASSACHUSETTS.