ALBERT C. RITCHIE, GOVERNOR. 259

mission of the alleged crime, offense or misdemeanor, and/
or that the defendant is insane or lunatic at the time of the
trial. Whenever the plea of insanity or lunacy shall be
interposed by or on behalf of any defendant, the jury im-
panelled to try such a person, or the court shall not be re-
quired to state in their verdict that the person so charged
was sane at the time of the commission of the crime, of-
fense or misdemeanor, and/or sane at the time of the trial,
if they so find, and if the jury or the court shall not specif-
ically state in their verdict that the defendant was insane
at the time of the commission of the crime, offense or mis-
demeanor, or that the defendant was insane at the time of
the trial, it shall be conclusively presumed that they found
such defendant to be sane at the time of the commission
of the crime, offense or misdemeanor, and/or sane at the
time of the trial, as the case may be; provided, however,
that in any case where the plea of insanity or lunacy is in-
terposed the court shall, upon the application of the State
or of the defendant, or may upon its own motion, direct
any jury impanelled to try such case to find specially, by
its verdict, whether the accused was sane at the time of
the commission of the crime, offense or misdemeanor, and
whether he be sane at the time of the trial. The judge
of the court, in which such indictment or information is
pending, shall have full power and authority at any time,
before trial, to order an examination of the mental condi-
tion of such person by the Board of Mental Hygiene, which
examination shall be made in the same manner and under
the same conditions as examinations of convicts are now
required to be made by the said Board of Mental Hygiene
when summoned to do so by the Board of Welfare, pur-
suant to the provisions of Section 45 of this Article.

SEC. 2. And be it further enacted, That this Act is
hereby declared to be an emergency law, and necessary for
the immediate preservation of public health and safety,
and being passed upon a yea and nay vote, supported by
three-fifths of all the members elected to each of the two
Houses of the General Assembly, the same shall take effect
from the date of its passage.

Approved December 15, 1933.

CHAPTER 82.

AN ACT to repeal Sections 200, 201, 202, 203, 204,
205, 206, 207, 208 and 209 of Article 81 of the Code