ART. 59.] INSANITY AS A DEFENCE. 957

the court before which trial was had shall cause such person to be
sent to the almshouse of the county or city in which such person
resided at the time of the commission of such act, or to an hos-
pital, or some other place better suited, in the judgment of the
court, to the condition of such prisoner, there to be confined until
he shall have recovered his reason and be discharged by due-
course of law.

P. G. L., (1860,) art. 58, sec. 6. 1826, ch. 197, sec. 2.

6. Where any person arrested for improper or disorderly
conduct, or charged with any crime, offence or misdemeanor,
against whom no indictment has been found, shall appear to the
court, or be alleged to be a lunatic or insane, the court shall cause
a jury of twelve good and lawful men to be empanelled forth-
with, and shall 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 tune 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 recov-
ered and be discharged by due course of law.

Ibid 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 misdemeanor before the judge thereof, the said judge
shall issue an order to the sheriff of the county or city where said
offence 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 offence 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 offence, and still is so, the judge shall commit
such person as directed in the preceding section.

Ibid. sec. 8. 1828, ch. 201.

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