2096 ARTICLE 59.

of Mental Hygiene when summoned to do so by the Board of Welfare
pursuant to the provisions of Chapter 715 of the Acts of 1910, codified
as Section 46 of Article 59 of the Code of Public General Laws of
Maryland.

See note to sec. 11.

An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1826, ch. 197, sec. 3.

9. If during the recess of the circuit court for any county, or the crimi-
nal court of Baltimore, any person appearing or alleged to be insane or
lunatic shall be arrested and charged with any crime or misdemeanor
before the judge thereof, the said judge shall issue an order to the sheriff
of the county or city where said offense has been committed, 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 com-
mission of the offense and still is so, the judge shall commit such person
as directed in the preceding section.
See note to sec. 11.

1920, ch. 735, sec. 7A.

10. Whenever any person shall be arrested and brought before a
judge of any court of this State or before any justice of the peace of this
State, having criminal jurisdiction, charged with any offense, and such
person shall appear to be or be alleged to be insane or lunatic, and shall be
committed in default of bail to await further proceedings in such court
or before such justice or elsewhere, the said judge or justice shall com-
mit him to the jail of the county or city where the charge is pending, or
to such institution for the care of the insane as may from time to time be
designated by the Board of Mental Hygiene. The said Board of Mental
Hygiene shall be notified of such commitment, and shall thereupon ex-
amine such person, and as soon as said Board shall determine whether
such person is insane or lunatic, and in every case within two weeks after
said Board shall have been so notified as aforesaid, said Board shall re-
port its findings to the court or justice then having jurisdiction of the
charge against such person. If said Board shall find such person insane
or lunatic, he shall remain in the institution to which he shall have been
committed as aforesaid, or in some other institution to which he may be
transferred on the recommendation of said Board, until he shall be tried
or until the court shall in its discretion give the direction provided for
in Section 8 of this Article. If, however, such person shall be found by
said Board to be sane, the court or justice then having jurisdiction of the
charge against such person shall order him transferred to the jail of the
county or city in which such charge shall then be pending. In all cases
not punishable by death or confinement in the Penitentiary, the examina-
tion provided for in this section and in Sections 6 and 8 of this Article
may be made by the Superintendent of any institution for the care of the
insane in which such person may be confined pending trial, instead of by
the said Board of Mental Hygiene, and such Superintendent shall within