against their

estate.

ecuting at

the asylum and keeping her while there, and the parents of minor children committed as insane or idiotic shall be in like manner liable to the county for the cost of such commitments, and to the state for the cost of conveying such insane or idiotic minor children to the asylum, and of keeping them while there. The state shall hold a lien in the nature of State shall a judgment against the estate of a husband for the hold a lien cost of sending his wife to the asylum and keeping her there when committed as insane or idiotic, and against the estate of parents for the costs of sending their minor children. to the asylum and of keeping them there when committed as insane or idiotic. It shall be the duty of the prose- Duty of proscuting attorney for each judicial district to cause to torney. be appointed the guardians herein provided, for all persons so adjudged to be insane or idiotic, who are found to own estate, real or personal, sufficient to pay, in whole, or in part, the expenses of the committal of such person, and of conveying such person to the asylum and of keeping such person while there, and to collect from the estate of such person or persons, and from the husband of an insane or idiotic wife, and from the parents of minor children so committed to the asylum, the cost of conveying such persons to the asylum, and of keeping them while there, and forthwith to pay the same over to the secretary of state, which amount shall be paid by the secretary of state into the state treasury.

10. The county judge shall cause to be recorded in the records of the county court the proceedings had Ibid § 3. upon such application and the judgment of the to record procourt. When the patient is adjudged insane, he ceedings. shall make a warrant reciting his findings, the cause or causes of insanity, where the same can be ascertained, together with the name, age, nativity and present residence of the patient. The warrant shall be recorded in the records of the county court, one copy of which shall be sent with the patient to the superintendent of the asylum, another shall be sent to the secretary of state and filed in his office. The person committed shall be conveyed to the asylum by any proper person or persons selected and designated by the county judge. The expenses of sending insane and idiotic persons com- Expenses paid mitted to the asylum shall be paid by the state treas- treasurer.

by the state

physician and

mittal, how

paid.

urer on the warrant of the secretary of state, out of the fund appropriated for such purpose, but shall never exceed three dollars per day to the person appointed and his actual reasonable and necessary expenses, together with two dollars and a half per day for the necessary attendants, certified to by the secretary of state, in conveying to and returning from the asylum, on the most usual and direct routes, with the celerity of Compensation ordinary travel on those routes. Such physicians for examining shall receive five dollars each for each examination, attorney, ete. and the prosecuting attorney or his deputy, or the attorney called by the court in case of their absence or inability to act, shall receive five dollars for such examination, and the prosecuting attorney shall, for the other services required of him by this act, receive like compensation as now provided by law for similar services. Witnesses shall receive the same compensation as in civil cases. The costs of examination and Costs of com- committal shall be paid by the county in which the examination is made, to be repaid to the county as hereinafter provided. Upon presentation to the secretary of state of a certificate of the county judge, showing that a person has been designated by him to convey an insane or idiotic person to the asylum, and of a certificate from the superintendent of the asylum showing that such person has been conveyed to the asylum and received by the contractor or contractors, and an itemized account verified by the oath of the person so designated, to the effect that the same is just and correct, and that the number of days charged in said account has been necessarily consumed in conveying such person to the asylum, and that the expenses charged have been necessarily incurred, the secretary of state shall audit said account according to the provisions of this act, and draw his warrant upon the treasurer for the amount found due, and the state treasurer shall pay the same out of the fund appropriated for that purpose. 11. Whenever any convict, confined in the state prison, shall, in the opinion of the physician of the prison, be insane or idiotic, the physician shall make oath to the same, before the county judge of the county in which the said prison is located; and said judge shall summon one or more competent physicians, to examine the alleged case of insanity or idiocy, and if, in their opinion, the said con

Act of Sept. 27, 1862, § 7.

Inquiry of in

sanity in rela-
tion
vict.

to

vict is of unsound mind, the judge shall send the statement of said physician, with his own opinion, to the governor, who is hereby authorized, at his discretion, to remove or cause to be removed said convict to the place provided for the insane and idiotic.

Act of Oct. 19,
164, $170.
ant acquitted

Proceeding,
when defend-

of insanity.

12. If the defense be the insanity of the defendant, the jury must be instructed, if they find him not guilty on that ground, to state that fact in their verdict, and the court must thereupon, if it deems his being at large dangerous to the public peace or safety, order him to be commmitted to any lunatic asylum, authorized by the state to receive and keep such persons, until he become sane, or be otherwise discharged therefrom by authority of law. 13. When the commission of the act charged as a crime is proven, and the defense sought to be established is Ibid § 204. the insanity of the defendant, the same must be be proven. proven beyond a reasonable doubt; and no act committed by a person while in a state of voluntary intoxication, shall be deemed less criminal by reason of his having been in such condition; but whenever the actual existence of any particular motive, purpose or intent, is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the defendant was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.

Insanity must

PENNSYLVANIA.