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When not

criminals not to be found guilty.


44. No person acquitted of crime on the ground of insanity, nor other person, shall be admitted into the state Act of 1883. lunatic asylum, unless he (or she) shall have been Admission of duly found to be insane according to the provisions insane. of this act.

45. No person having become insane during any term of service or confinement in any penal institution, on Ibid § 12. account of crime, whereof he (or she) may have been admitted. duly convicted, shall be admitted into the state lunatic asylum during such term of service or confinement, but shall be treated for that disease inside of the wall of the penitentiary.

46. A lunatic or insane person without lucid intervals, shall not be found guilty of any crime or misdemeanor $ 1227. Insane with which he may be charged.

47. A person that becomes insane or lunatic, after the commission of a crime or misdemeanor, shall not be 1929 tried for the offense during the insanity or lunacy. Not be tried.

48. A person shall be considered of sound mind who is neither an idiot or lunatic, or affected with insanity, 1229 and who hath arrived at the age of fourteen years, De or before that age, if such person know the distinction between good and evil.

49. If the court shall be of the opinion that there are reasonable grounds to believe that the defendant is insane, s all proceedings in the trial shall be postponed until Trial of. a jury be impaneled to inquire whether the defendant is of unsound mind; and if the jury shall find that he is of unsound mind the court shall direct that he be kept in prison, or conveyed by the sheriff to the lunatic asylum, if there should be one in the state, and there kept in custody by the officers thereof until he is restored, when he shall be returned to the sheriff, on demand, to be re-conveyed by him to the jail of the county.

50. If the defense be the insanity of the defendant, the jury must be instructed, if they acquit him on that ground, 61966. to state the fact in their verdict.

51. He may also show that he is insane. If the court is of opinion that there is reasonable ground for believing $ 1988. he is insane, the question of his insanity shall be of insanity. determined by a jury of twelve qualified jurors, to be sum

$ 1828.



moned and impaneled as directed by the court. If the jury do not find him insane, judgment shall be pronounced. If they find him insane, he must be kept in confinement, either in the county jail or lunatic asylum, if there be one in the state, until, in the opinion of the court, he becomes sane, when judgment shall be pronounced. 52. When the sheriff is satisfied that there are reasonable

8 2002.

grounds for believing that the defendant is insane, Jury trial. he may summon a jury of twelve persons on the jury list, drawn by the clerk, who shall be sworn by the sheriff, well and truly to inquire into the insanity of the defendant, and a true inquisition return; and they shall examine the defendant and hear any evidence that may be presented, and by a written inquisition, signed by each of them, find as to insanity. And, unless the inquisition find the defendant insane, the sheriff shall not suspend the execution ; but if the inquisition find the defendant insane, he shall suspend the execution, and immediately transmit the inquisition to the governor.


GOVERMENT OF ASYLUMS. 1. Enumeration of officers. 2. Reports to be made every second

year. 3. Number of copies to be printed. 4. Distribution of reports 5. Superintendents of asylums may attend eastern meetings.

STOCKTON ASYLUM. 6. Appointment of directors. 7. Their term of office. 8. Vacancy in board of directors. 9. Government of asylum at Stockton

42. Resident and assistant physicians,

appointment, qualifications, sal

aries and residence. 43. Treasurer, bond, duties, shall act as

secretary. 44. Trustees, compensation of. 45. Resident physician, his powers and

duties. 46. Reports to be made monthly. 47. Pay-roll to be made monthly. 48. Bills, how audited and paid. 49. Treasurer to report. 50. Treasurer's accounts to be audited. 51. Liquor not to be sold near Napa. 52. Illegal acts of officers, how prose


ADMISSION AND DISCHARGE. 53. Who may be admitted. 54. Arrest of insane. 55. Subpæna of witnesses. 56. Physicians to attend examination. 57. Witnesses to appear and answer. 58. Physicians to make personal exam

ination. 59. Physicians' certificate. 60. Certificate in form prescribed. 61. Order for commitment; filed with

county clerk. 62. Commitment to officer of asylum. 63. Money found on insane persons,

how disposed of. 64. Idiocy and delirium tremens, cases

of, not admitted to Stockton. 65. Expenses of delivery, how paid. 66. Physicians' fees. 67. Examination for admission, phy

sicians' certificate and fees, com

mitment, expenses of. 68. Idiocy and delirium tremens, cases

of not admitted to Napa. 69. Support, private patients liable for. 70. Support, relations of indigent insane

liable for. 71. Bonds, breach of how prosecuted. 72. Unexpended moneys refunded. 73. Money found on insane persons how

vested in directors. 10. Powers and duties of directors. 11. Warrants for support, how drawn. 12. Directors must contract for supplies. 13. Compensation of directors; not to

be interested in contracts. 14. Superintendent, his qualifications, 15. His term of office. 16. His powers and duties. 17. Estimate of expenses. 18. Superintendent's salary. 19. His official bond. 20. Assistant physicians' qualifications. 21. Their term of office. 22. Their powers and duties. 23. When to act as superintendent. 24. Their salaries. 25, Treasurer not to be a director. 26. His term of office. 27. To be secretary; duties. 28. His salary. 29. His official bond. 30. All salaries paid monthly. 31. Bonds to be approved by directors. 32. Physicians must reside in asylum. 33. Must not engage in private practice.

NAPA ASYLUM. 34. Establishment of Napa asylum. 35. Appointment of trustees. 36. Organization of board. 37. Board of directors for construction

of asylum to vacate office. 38. To transfer effects to trustees. 39. Trustees to complete asylum. 40. Not to be interested in contracts. 41. Corporate powers, general powers

and duties.

disposed of. 74. Contingent fund for Napa asylum. 75. Removal of patient by friends. 76. Non-residents temporarily sup


77. Transfer of patients.

85. Criminal becoming sane returned 78. Discharge upon recovery.

to custody. 79. Unexpended money returned. 86. Expenses, how borne.

87. Insane convicts transferred to asyCRIMINAL INSANE.

lum, and becoming sane returned 80. Non-liability of insane to law.

to custody. 81. Examination during trial.

88. Insane convicts received in asylum. 82. Trial of insanity, order of.

89. Judgment of death, trial of insanity 83. Verdict of jury and proceedings

after. thereon.

90. Duties of district attorney in such 84. Bail, exoneration of, on commit- ) cases. ment,

91. Certificate of inquisition filed. | 92. Stay of execution until recovery.

of 1876, $ 343.

$ 352

to report.

1. The number and designation of the civil executive officers Hiitell's Codes are as follows: * * * * five directors for the inDirectors of. sane asylum at Stockton; five directors for the insane asylum at Napa; a medical superintendent of the insane asylum at Stockton; two assistant physicians of the insane asylum at Stockton; a resident physician of the insane asylum at Napa; one first assistant physician of the insane asylum at Napa; provided, when the number of patients shall increase to six hundred, the trustees may elect one aditional second assistant physician, with the same pay and emoluments as the first assistant physician; a treasurer of the insane asylum at Stockton; a treasurer of the insane asylum at Napa ; * * * * 2. All officers, boards of officers, commissioners, trustees,

regents, and directors, required by law to make Officers when reports to the governor or legislature, * * * must

send such reports to the governor before the first day of October, in the year eighteen hundred and eighty, and in every second year thereafter. .

3. There must be printed * * * of the report of the 334.s of re. directors, resident physician, visiting physicians of pointed to be the insane asylum, twenty-five hundred copies; * * *

4. The reports must be delivered by the superintendent of § 335.. state printing, as follows: * * * to the officers of reports. of each of the insane asylums, five hundred copies of their report. 5. The superintendent of the state insane asylum, at

1978. Stockton, or one of his assistants, may attend the intend- annual meetings of the superintendents of the

American Institutions for the Insane, and the

expenses, not to exceed four hundred dollars per annum, must be audited and allowed by the board of exam

Copies of


p. 767.

ents to attend eastern meet. ings.

By whom appointed.

Vacancy in board of

iners, and paid out of the state treasury. The resident physician of the Napa state asylum for the insane, or one of his assistants, may also attend such annual meetings, and the expenses, not to exceed four hundred dollars per annum, shall also be audited by the board of examiners, and paid out of the state treasury; provided, that the medical superintendent, or one of his assistants, of the Stockton asylum, may attend said meeting in the year eighteen hundred and seventy-eight, and the resident physician, or one of his assistants, of the Napa asylum may attend said meeting in the year eighteen hundred and seventy-nine, and thereafter the said physicians shall attend said meeting alternately.

6. The following executive officers are appointed by the governor, with the consent of the senate: * * * $ 368. * * 2. The directors of the insane asylum.

7. The officers mentioned in the * * * second (preceding) subdivision for the term of four years, * * *. 369 of office.

8. Any person appointed to fill a vacancy in the board of directors of the insane asylum holds only for the 2003. unexpired term of his predecessor.

directors. 9. The insane asylum, located at Stockton, is under the management and control of a board of directors, $ 21 consisting of five persons appointed and holding control of any. their offices as provided in tit. 1, part 3, of this code. (See ante, pl. 1, 6.)

10. The powers and duties of the board of directors of the insane asylum are as follows:

(1) To make by-laws, not inconsistent with the amanded utiles laws of the state, for their own government, and o the government of the asylum.

(2) To hold stated meetings at the asylum for the transaction of business on the first Monday in each month.

(3) To keep a record of their proceedings, open at all times to the inspection of any citizen.

(4) To elect a medical superintendent, two assistant physicians, and a treasurer.

(5) To provide on the asylum grounds suitable apartments, furniture, provisions, and lights for the medical superintendent and his family; and to allow a sum not exceeding one hundred and fifty dollars per month to each of the assistant physicians for the subsistence of themselves and their families.

2136. Location and


$ 2137, as amended 1883, ch. 61. Duties of directors.

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