institution belonging to the state of Illinois, subject to such rules and regulations as may be established by the officers in charge of said institutions; provided, however, that the clergyman so applying shall produce to the officers in charge of such institution, visited as aforesaid, satisfactory evidence from the church authorities to which he belongs that he is a clergyman in good standing.

Ibid § 51.

to permit min

istrations.

66. It shall be the duty of the warden, superintendent, or other officer in charge of any institution mentioned Warden, etc., in section one (1) of this act to permit the ministrations of religion according to the rites and ceremonies of the church to which the visiting clergyman belongs, and to aid and assist such of the inmates, as aforesaid, who may desire it, to the comforts of religion at the hands of a clergyman of his or her own selection.

Ibid § 52.
Penalty.

67. The warden, superintendent, or other officer mentioned in this act, who shall refuse, neglect or fail to comply with the provisions herein, shall be liable to dismissal from his said office by the person or persons by whom he shall have been appointed.

Ch. 38, § 284.

be convicted;

proviso.

Jury to try in

68. A lunatic or insane person, without lucid intervals, shall not be found guilty of any crime or misdemeanor Insane not to with which he may be charged; provided, the act so charged as criminal shall have been committed in the condition of insanity. If, upon the trial of a person charged with crime, it shall appear from the evidence that the act was committed as charged, but that, at the time of committing the same, the person so charged was lunatic or insanity. sane, the jury shall so find by their verdict, and by their verdict shall further find whether such person has or has not entirely and permanently recovered from such lunacy or insanity; and in case the jury shall find such person has not entirely and permanently recovered from such lunacy or insanity, the court shall cause such person to be taken to a state hospital for the insane, and there kept in safety until he shall have fully and permanently recovered from such lunacy or insanity; but in case the jury shall find by their verdict that such person has entirely and permanently recovered from such lunacy or insanity, he shall be discharged from custody.

69. A person that becomes lunatic or insane after the com

lbid § 285. Insane after conviction.

mission of a crime or misdemeanor shall not be tried for the offense during the continuance of the lunacy or insanity. If, after the verdict of guilty, and before judgment pronounced, such person become lunatic or insane, then no judgment shall be given while such After judglunacy or insanity shall continue. And if, after ment." judgment and before execution of the sentence, such person become lunatic or insane, then in case the punishment be capital, the execution thereof shall be stayed until the recovery of said person from the insanity or lunacy. In all of these cases, it shall be the duty of the court to impanel a jury to try the question whether the accused be, at the time of impaneling, insane or lunatic.

Ch. 108, §-42.

victs removed to asylum.

70. If any case of insanity shall occur in said penitentiary, such insane person shall at once be removed to the insane hospital, at Jacksonville, or other similar hos- Insane conpital under the control of the state, at the expense of the state; and should said patient recover before his or her time of imprisonment shall expire, he or she shall Return to be returned to said penitenitary; and it is hereby prison. made the duty of the superintendent of the said hospital for the insane to receive into said hospital and treat all such insane convicts as in other cases of insanity.

INDIANA.

Revised Stat

utes of 1881.

§ 2768. President and

board of trus

tees.

1. The governor, with the consent of the senate, shall appoint two trustees, **** for the hospital for the insane; and with the like consent of the senate, he shall appoint a president of the boards of trustees of the said institutions. The president and two trustees of each of said institutions shall constitute the board of trustees for the government thereof. Such appointments shall be made within five days after the taking effect of this act, and the terms of said trustees shall expire as follows: one for each of said institutions, to be designated in the appointment, shall expire on the first of February, 1881, and the others on the first of February, 1883; and the term of the said president of the boards, so appointed, shall expire on the first Appointment day of February, 1883. After such appointment, the governor shall, on the first day of January, 1881, and biennially thereafter, appoint one trustee for each of said institutions, and on the first day of January, 1883, and every four years thereafter, he shall appoint a president of the said boards of trustees, whose term shall begin on the first of February next succeeding; and the terms of the said officers and their successors shall be four years. He shall report such appointments to the senate for its concurrence; and if the senate shall refuse to confirm such appointments, he shall appoint other suitable persons, and in like manner report to the senate: pro

of officers.

governor to remove officers.

vided, if the senate fail to confirm the first appointments above Power of the provided for, then the present trustees and commissioners of said institutions, and the president of said board, shall hold their offices and positions by virtue of this act only, and shall be subject to all its provisions; and they, or any of them, may be removed at the pleasure of the governor, and the appointees to fill such vacancies shall constitute the new boards, as herein provided.

§ 2769. Governor may remove.

2. The governor shall have power to remove any of the said trustees, or the said president, upon failure to faithfully discharge their duties, or for any inefficiency or any other cause that to him may seem just, with opportunity to the party to answer and defend against the charges, he being suspended during the inquiry, and appoint other competent persons to fill the vacancies thereby created for the unexpired term; and in such cases he shall report the said removal and appointment, with the statement of the cause thereof, to the senate within five days after the first day of the next succeeding session thereof; or, if the senate be in session at the time of such removal, then within five days thereafter. If a vacancy shall occur by death, resignation, or other cause, the governor shall appoint a competent person to fill the vacancy for the unexpired term, and shall report such appointment to the senate, if in session, and if not, then to the next succeeding session; but if such appointment be not confirmed, the governor shall appoint some other competent person; and immediately report such appointment to the senate, for confirmation.

Bond and oath.

3. The said trustees and the president shall, each, before en§ 2770. tering upon the duties of office, give a bond payable to the state of Indiana in such sum as the governor may require, and shall take an oath to faithfully discharge. their several duties as such officers. The said officers, first appointed, shall give such bond and take such oath within ten days after their appointment, and shall thereupon enter on the discharge of the duties of their office. The boards shall organize by the selection of one member as treasurer and one as secretary, and the president of the boards shall be the presi dent of each board respectively. As soon as the boards, or either of them, are organized, the boards of trustees and the