882

LAWS OF MARYLAND.— 1820.

act, or to a hospital, or to some other place better suited, in the
judgment of the said court, to the condition of such prisoner,
there to be confined until such person shall have recovered his

Proviso.

reason, and be discharged by due course of law ; Provided, that
nothing in this section contained, shall be construed to allow
any one to avail himself of the plea or allegation of drunken-
ness, at the time of the commission of the offence of which he
is indicted.

When ar-
rested for
disorderly
conduct,
&c.

SEC. 2. And be it enacted, That where any person shall be
arrested for improper or disorderly conduct, or is charged with
any crime, offence or misdemeanor, and who appears to the
court, or is alleged to be lunatic or insane, and against whom
there is no indictment, it shall be the duty of the several county
courts of this state, or of Baltimore city court, as the case may
be, if in session at the time of such arrest or charge, to cause a
jury of twelve good and lawful men to be empannelled forth-
with, and to 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, that then it shall be the
duty of the court to cause such person to be sent to the alms-
house of the county to which such person belongs, or to a hos-
pital, or to some other place better suited, in the judgment of
the said court, to the condition of such prisoner, there to be
confined at the expense of the county, or Baltimore city, as the
case may be, until he shall have recovered, and been discharged
by due course of law.

If arrested
during re-
cess of
court, judge
to direct
jury to be
summoned,
&c.

SEC. 3. And be it enacted, That if, during the recess of such
courts, any person appearing to be, or alleged to be, insane or
lunatic, shall be arrested and charged for any crime or misde-
meanor before any judge, or any of the said county courts, or
before any judge of Baltimore city court, it shall be the duty of
such judge, and he is hereby empowered, to issue an order to
the sheriff of the county, where said offence hath been commit-
ted, 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 offence was
committed, and then is so; and if such jury shall find that the
person so charged was insane or lunatic at the time of the com-
mission of the said offence, and still is so, then it shall be the
duty of such judge to send (or commit,) such person to the
alms-house, or other place as is herein before mentioned, and to
do all other acts that the court of which he is a judge could or
might lawfully do under this act, were such court in session ;

Proviso.

Provided nevertheless, that such insane or lunatic person be
possessed of real and personal property, the annual profit or