1638 LAWS OF MARYLAND. [CH. 685
enforcement of such claims shall be accounted for and paid
as hereinbefore provided.
6. When it is desired to interpose the defense of insanity
or lunacy on behalf of one charged with a crime, offense or
misdemeanor, the defendant, his or her counsel, or other per-
son authorized by law to appear and act for him or her, shall,
at the time of pleading to the indictment or information, un-
less the court for good cause shown shall otherwise order, file
a plea in writing, in addition to the plea or pleas required
or permitted by law, alleging that the defendant was insane
or lunatic at the time of the commission 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 impanelled to try such a person, or the
court shall not be required to state in their verdict that the
person so charged was sane at the time of the commission of
the crime, offense or misdemeanor, and/or sane at the time of
the trial, if they so find, and if the jury or the court shall
not specifically state in their verdict that the defendant was
insane at the time of the commission of the crime, offense or
misdemeanor, 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 interposed
the court shall, upon the application of the State or of the
defendant, or may upon its own motion, direct any jury im-
panelled 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 condition of such person by the
Department 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 Department of Mental Hygiene when requested to
do so by the Board of Correction, pursuant to the provisions
of Section 47 of this Article.
8. Whenever any person charged with the commission of
any crime, offense or misdemeanor shall appear to the court
or be alleged to be a lunatic or insane, or if the court shall
have any reason to suspect that such person may be a lunatic
or insane the court may cause the Department of Mental
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