ART. 59] INSANITY AS A DEFENSE IN CRIMINAL CASES. 1419

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
be discharged by due course of law.
See note to sec. 8.

1904, art. 59, sec. 7. 1888, art. 59, sec. 7. 1860, art. 58, sec. 7. 1826, ch. 197, sec. 3.

7. If during the recess of the circuit court for any county, or the
criminal court of Baltimore, any person appearing or alleged to be
insane or lunatic shall be arrested and charged with any crime -or mis-
demeanor before the judge thereof, the said judge shall issue an order
to the sheriff of the county or city where, said offense has been com-
mitted, 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 still 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.
See note to sec. 8.

Ibid. sec. 8. 1888, art. 59, sec. 8. 1860, art. 58, sec. 8. 1828, ch. 201.

8. The provisions of the preceding section shall apply to the case
of any person who may be arrested on any process issued 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.

The proceedings are not invalid because the peace warrant was issued by
a magistrate and not by the Judge himself, nor because it does not appear
from the face of the proceedings, that the lunatic had failed to give security
to keep the peace. Case held to be within the spirit and Intent of the law.
Devilbiss v. Bennett, 70 Md. 558.

Ibid. sec. 9. 1888, art, 59, sec. 9. 1860, art, 58, sec. 9. 1826, ch. 197, sec. 3.

9. If any insane or lunatic person mentioned in the three preced-
ing sections shall be possessed of real or 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 lunatice 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.

Proceedings of a trustee in making a final report (after the discharge of
the lunatic) and asking that his reports be referred to an auditor to state
an account allowing commissions, etc. upheld. Devilbiss v. Bennett, 70
Md. 559.