402 CRIMES AND PUNISHMENTS. [ART. 27

Incest.

1904, art. 27, sec. 258. 1888, art. 27, sec. 153. 1884, ch. 130.

281. Every person who shall knowingly have carnal knowledge of
another person, being within the degrees of consanguinity within which
marriages are prohibited by law in this State, shall be deemed guilty of
felony, and upon conviction thereof shall be punished by imprisonment
in the penitentiary for a term not less than one nor more than ten years,
in the discretion of the court.

Insane Convicts.

1912, ch. 496.

282. Whenever any convict confined in any jail in any city or
county in this State shall become insane or lunatic, the warden of such
jail, or any person on behalf of such convict, may file a petition, either
during the session or recess of the Court, in the Circuit Court having
jurisdiction in the city or county, where the jail in which such convict
is confined, is situated, alleging that the said convict hath become insane
or a lunatic, and still is so at the time of the filing of the petition, and
setting forth the misdemeanor or crime of which such insane person is
convict and the date upon which his term of imprisonment will expire;
and the said Court, if the petition be filed during a session thereof, shall
cause a jury of twelve to be forthwith empanelled, who shall be drawn
from the jurors attending the sessions of the Court, and shall charge
said jury to inquire whether such convict hath become insane or a luna-
tic and is still so; and any judge of said Court, if the petition be filed
during recess of the Court, shall pass an order on said petition, as
promptly as may be, requiring the sheriff of the city or county where
said convict is confined, forthwith to summon a jury of twelve good and
lawful men to attend before such judge, at the time and place named
in the order, who shall be empanelled and charged by the said judge to
inquire whether such convict hath become insane or a lunatic and
still is so; and if the jury so as aforesaid empanelled and charged by
the Court, or the jury empanelled and charged by any judge thereof in
recess of Court, shall find that such convict hath become insane or a
lunatic, and still is so at the time of the inquisition, the said Court, or
the said judge, as the case may be, shall order such insane or lunatic
convict to be removed from the jail where he is confined and placed in
a sanatorium, hospital or other place where he may receive care and
treatment, and there be confined at the expense of the city or county
wherein such jail is situated, until he shall have recovered his reason
and be discharged' by due course of law; provided, however, if such con-
vict recover his reason before the expiration of the term for which he
was committed to the jail from which he was taken, the Court or the
judge that ordered his removal therefrom may order such convict, upon
such recovery of his reason, to be returned to the jail from which he
was removed, and to be confined there until the said term expires, or