WM. PRESTON LANE, JR., GOVERNOR. 1639

Hygiene to inquire whether such person is at the time of
such inquiry insane or lunatic, or of such mental incapacity
as to prevent such person from properly conducting his or
her defense or advising as to the conduct of his or her de-
fense; and if the Department of Mental Hygiene shall find
that such person is at the time of such inquiry insane or
lunatic or of such mental incapacity as to prevent such per-
son from properly conducting his or her defense or advising
as to the conduct of his or her defense, the court shall in
its discretion direct such person to be confined in Spring
Grove State Hospital, or such other institution as may be
designated, from time to time, by the Department of Mental
Hygiene for the care or treatment of the criminal insane,
until he or she shall have recovered and shall stay the pro-
ceedings against such person until that time, and upon re-
covery the court shall proceed with the trial of the charge
pending against such person.

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 commit 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 De-
partment of Mental Hygiene. The said Department of Men-
tal Hygiene shall be notified of such commitment, and shall
thereupon examine such person, and as soon as said Depart-
ment shall determine whether such person is insane or luna-
tic, and in every case within two weeks after said Depart-
ment shall have been so notified as aforesaid, said Depart-
ment shall report its findings to the court of justice then
having jurisdiction of the charge against such person. If
said Department 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 De-
partment, 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
Department to be sane, the court of justice then having juris-
diction 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 examination