Chap. 20.—An ACT to amend the 24th and 29th sections of chapter 85,
and the 17th section of chapter 208 of the Code of Virginia, in refer-
ence to the Confinement and Trial of Persons charged with Crime, who
may be insane or who may be alleged to be insane.

Passed January 20, 1866.

1. Be it enacted by the general assembly, That sections
twenty-four and twenty-nine of chapter eighty-five of the
Code of Virginia, and section seventeen of chapter two hun-
dred and eight of the Code of Virginia be amended and re-
enacted so as to read as follows:

Ҥ24. If any person charged with or convicted of crime
be found, in the court before which he is so charged or con-
victed, to be a lunatic, and such court shall order him to be
confined in one of the lunatic asylums, or if a court or judge
thereof shall order any person charged with crime to be con-
fined in one of the lunatic asylums, he shall be received and
confined, if or so soon as there is a vacancy therein. The
sheriff or other officer of the court by which or by the judge
of which the order is mace, sball immediately proceed, in the
manner directed by the fitteenth section of this chapter, to
ascertain whether such vacancy exists; and until it is ascer-
tained that there is a vacancy, such lunatic shall be kept in
the jail of such court.”

“$29. When any person confined in an asylum, and charged
with crime, and subject to be tried therefor, or convicted of
crime, shall be restored to sanity, the board shall give notice
thereof to the clerk of the court by whose order, or by the
order of the judge thereof, he was confined, and deliver him
in obedience to the proper precept.”

“$17. Ifa court, or the judge thereof, to which an ex-
amining court may have remanded a person for trial, see
reasonable ground to doubt his sanity, the said court, or the
judge thereof, may order such person to be removed from
the jail to one of the lunatic asylums of this state, there to
be confined until he be so restored that he can be put on his
trial. Such court shall at any term, upon the application of
the accused, by counsel, order a jury to enquire into the fact
as to such sanity; and shall, if the accused be in the lunatic
asylum, order him to be brought before the court for such
trial. Such jury shall be impannelled at its bar. If the jury
find the accused to be sane at the time of their verdict, they
shall make no other enquity, and the trial in chief shall pro-
ceed according to law. If they find that he be insane, they
shall enquire whether or no he was so at the time of the
alleged offence. If they find that he was insane at that time,
the court may dismiss the prosecution, and either discharge
him, or, to prevent his doing mischief, remand him to jail,
and order him to be removed to one of the lunatic asylums
of this state. If they find that he was not so at that time,
the court shall commit him to jail, or order him to be con-
fined in one of said asylums until he be so restored that he
can be put upon his trial for the alleged offence.”

2. This act shall be in force from its passage.

Chap. 20.—An ACT to amend the 24th and 29th sections of chapter 85,
and the 17th section of chapter 208 of the Code of Virginia, in refer-
ence to the Confinement and Trial of Persons charged with Crime, who
may be insane or who may be alleged to be insane.

Passed January 20, 1866.

1. Be it enacted by the general assembly, That sections
twenty-four and twenty-nine of chapter eighty-five of the
Code of Virginia, and section seventeen of chapter two hun-
dred and eight of the Code of Virginia be amended and re-
enacted so as to read as follows:

Ҥ24. If any person charged with or convicted of crime
be found, in the court before which he is so charged or con-
victed, to be a lunatic, and such court shall order him to be
confined in one of the lunatic asylums, or if a court or judge
thereof shall order any person charged with crime to be con-
fined in one of the lunatic asylums, he shall be received and
confined, if or so soon as there is a vacancy therein. The
sheriff or other officer of the court by which or by the judge
of which the order is mace, sball immediately proceed, in the
manner directed by the fitteenth section of this chapter, to
ascertain whether such vacancy exists; and until it is ascer-
tained that there is a vacancy, such lunatic shall be kept in
the jail of such court.”

“$29. When any person confined in an asylum, and charged
with crime, and subject to be tried therefor, or convicted of
crime, shall be restored to sanity, the board shall give notice
thereof to the clerk of the court by whose order, or by the
order of the judge thereof, he was confined, and deliver him
in obedience to the proper precept.”

“$17. Ifa court, or the judge thereof, to which an ex-
amining court may have remanded a person for trial, see
reasonable ground to doubt his sanity, the said court, or the
judge thereof, may order such person to be removed from
the jail to one of the lunatic asylums of this state, there to
be confined until he be so restored that he can be put on his
trial. Such court shall at any term, upon the application of
the accused, by counsel, order a jury to enquire into the fact
as to such sanity; and shall, if the accused be in the lunatic
asylum, order him to be brought before the court for such
trial. Such jury shall be impannelled at its bar. If the jury
find the accused to be sane at the time of their verdict, they
shall make no other enquity, and the trial in chief shall pro-
ceed according to law. If they find that he be insane, they
shall enquire whether or no he was so at the time of the
alleged offence. If they find that he was insane at that time,
the court may dismiss the prosecution, and either discharge
him, or, to prevent his doing mischief, remand him to jail,
and order him to be removed to one of the lunatic asylums
of this state. If they find that he was not so at that time,
the court shall commit him to jail, or order him to be con-
fined in one of said asylums until he be so restored that he
can be put upon his trial for the alleged offence.”

2. This act shall be in force from its passage.