4933 (4810) (3999) (4371) (820). Money, etc., of deceased paid into county treasury; penalty.-The coroner must, within thirty days after an inquest on a dead body, deliver to the county treasurer any money or other property which may be found on the body, unless claimed in the meantime by the legal representatives of the deceased; if he fails to do so, the treasurer may proceed against him for the amount or value thereof, on ten days' notice to him and his sureties, or against any of them served therewith, and recover the same, with twenty per cent. damages on the amount or value thereof.

4934 (4811) (4000) (4372) (821). Same; how disposed of.-Upon the receipt of the money by the treasurer, he must place it to the credit of the county. If it is other property, he must, within three months, sell it at the court-house of the county, at public auction, upon reasonable public notice, and must, in like manner, place the proceeds to the credit of the county.

4935 (4812) (4001) (4378) (822). Same; paid to the legal representative of deceased.-If such money in the treasury is demanded in six years by the legal representatives of the deceased, the treasurer must pay it to them, after deducting the fees of the coroner, expenses of sale, and five per cent. on the balance for the treasurer; or it may be paid at any time thereafter upon the order of the county commissioners.

4936 (4813) (4002) (4374) (823). Compensation of surgeons and physicians. Any surgeon or physician, who, being duly subpoenaed, attends a coroner's inquest, examines the body, and gives a professional opinion thereon, is entitled to receive five dollars, with one dollar additional for each mile he may be compelled to travel in attending such inquest; to be collected out of the estate of the deceased, if solvent; and if insolvent, to be paid out of the county treasury.

4937 (4814) (4003) (4375) (824). When inquest held by justice of the peace; fees.-If the coroner is absent from the county, or is unable to act, any justice of the peace may hold an inquest on the body of any deceased person, under the rules and regulations in this chapter prescribed; and is entitled to the same compensation for his services that is by law allowed to the coroner.

Boynton's case, 77 Ala. 29.

CHAPTER 163.

INSANITY.

ARTICLE 1.-INSANITY AS A DEFENSE FOR CRIME; HOW PLEADED AND Tried. 49384940.

2.-INQUISITION AND PROCEEDINGS IN REGARD TO INSANE PRISONERS. 4941-4945.

ARTICLE 1.

INSANITY AS DEFENSE FOR CRIME; HOW PLEADED AND TRIED.

4938. Presumption in favor of sanity; burden and measure of proof of insanity.-Every person charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused. The defense of insanity in all criminal prosecutions shall be clearly proved to the reasonable satisfaction of the jury.

Insanity as a defense must be specially pleaded and is not available under the general plea of not guilty.-Perry's case, 87 Ala. 30; Maxwell's case, 89 Ala. 150; Walker's case, 91 Ala. 76; Ward's case, 96 Ala. 100. Presumption of sanity; burden and measure of proof as to insanity.-Parsons's case, 81 Ala. 577 ; Gunter's case, 83 Ala. 96; Maxwell's case, 89 Ala. 150.

4939. Insanity must be specially pleaded as a defense for crime. When the defense of insanity is set up in any criminal prosecution it must be by special plea, interposed at the time of arraignment and entered of record upon the docket of the court, which in substance shall be, "Not guilty by reason of insanity." Such plea shall not preclude the usual plea of the general issue, which shall not, however, put in issue the question of the irresponsibility of the accused by reason of his alleged insanity, this question being triable only under the special plea.

In the absence of such special plea, evidence as to sanity or insanity not admissible.-Ward's case, 96 Ala. 100. Nor argument based on insanity.—Walker's case, 91 Ala. 76. When special and general pleas submitted at same time, charges based on special plea, but requiring verdict of not guilty, are properly refused.-Maxwell's case, 89 Ala. 150.

4940. Verdict when special plea interposed. If it shall appear from the evidence that the defendant did the act charged as constituting the offense, but that at the time of committing the act he was insane, the jury shall render a special verdict to the effect that the defendant is not guilty by reason of insanity; if the jury do not believe from the evidence that the defendant committed the act, or if they believe from the evidence that he is not guilty upon any other ground than his alleged insanity, they must return a general verdict of not guilty; otherwise, they must return a verdict of conviction.

Maxwell's case, 89 Ala. 150; Walker's case, 91 Ala. 76.

ARTICLE 2.

INQUISITION AND PROCEEDINGS IN REGARD TO INSANE PRISONERS.

1889, p.742,

4941. Inquisition in certain cases of felony; proceedings.-If Feb. 27, any person charged with murder, rape, robbery, arson, or burglary, $2.3. or any grade of these crimes, or any attempt to commit them, punishable capitally or by imprisonment in the penitentiary, be held in confinement under indictment, and the trial-court shall have reasonable ground to doubt his sanity, the trial of such person for such offense shall be suspended until a jury shall inquire into the fact of such sanity, such jury to be impaneled from the regular jurors in attendance for the week or from a special venire as the court may direct. If the jury shall find the accused sane at the time of their verdict, they shall make no other inquiry, and the trial in chief shall proceed. If they find that he is insane at that time, the court shall make an order remanding him to the insane hospital, where he must remain until he is restored to his right mind. When the superintendent of the hospital shall be of opinion. that such person is so restored he shall forthwith, in writing, inform the judge and sheriff of such court of the fact, whereupon such person must be remanded to prison on an order of such judge, and the criminal proceedings resumed. In no event shall such person be set at large so long as such prosecution is pending, or so long as he continues to be insane.

4942 (4816) (1488) (1060). Inquisition upon alleged insane prisoner; further proceedings.-If any person in confinement, under indictment, or for want of bail for good behavior, or for keeping the peace, or appearing as a witness, or in consequence of any summary conviction, or by an order of any justice, appears to be insane, the judge of the circuit court of the county where he is confined must institute a careful investigation, call a respectable physician and other credible witnesses, and, if he deems it necessary, may call a jury, and for that purpose he is empowered to compel attendance of witnesses and jurors; and if it be satisfactorily proved that the person is insane, the judge may discharge him from imprisonment and order his safe custody and removal to the hospital, where he must remain until restored to his right mind; and then, if the judge shall have so directed, the superintendent must inform the judge and sheriff, whereupon the person must be remanded to prison, and criminal proceedings be resumed, or he be otherwise discharged.

One indicted and enlarged on bail not "in confinement," as meant by statute.-Ex parte Trice, 53 Ala. 546. Jurisdiction vests in judge, not in court; notice to person affected indispensable; record must recite every fact, else judgment a nullity.-Ib. Fact of mental unsoundness of person on bail, endangering neighborhood property, gives judge no authority to confine prisoner in asylum.-Ib. Effect of insanity occurring after commission of offense.-See Jones's case, 13 Ala. 153; Marler's case, 67 Ala. 55. Admissibility of former evidence of witness who has since become insane.-Marler's case, 67 Ala. 55. Admissibility of record of proceedings under the statute.-Ib.

4943 (4815) (1487) (1059). Court orders to hospital defendant acquitted on account of insanity.--When a person has escaped in

dictment, or been acquitted of a criminal charge on the ground of insanity, the court, being informed by the jury, or otherwise, of the fact, must carefully inquire and ascertain whether his insanity in any degree continues, and, if it does, shall order him in safe custody, and to be sent to the hospital.

4944 (4817) (1489) (1061). Powers of county courts and justices in misdemeanors.-Persons charged with misdemeanors, and acquitted on the ground of insanity, may be kept in custody and sent to the hospital in the same way as persons charged with crimes; and the county courts and justices of the peace have the same power in reference to persons charged before them with misdemeanors, as is bestowed upon the circuit courts in the two preceding sections.

4945. Expenses to be paid by the state; when and how state reimbursed. The cost of removing an insane prisoner to and from the hospital under any of the provisions of this chapter must be defrayed by the state as in case of removal of prisoners from one county to another; and such cost, together with the expenses of such patient in the hospital, may be recovered by the state from such person, or his estate, or any relative who would have been bound to provide for and maintain him elsewhere.

CHAPTER 164.

JAIL. 4946-4966.

4946 (4535) (4486) (3784) (236). Legal custody and charge of jail. The sheriff has the legal custody and charge of the jail in his county, and of all prisoners committed thereto (except in cases otherwise provided by law), and may appoint a jailer, for whose acts he is civilly responsible.

Jailer becomes sheriff's deputy.-Shields's case, 104 Ala. 38.

4947 (4536) (4487) (3785) (237). Who may be confined in jail. In addition to convicts sentenced to imprisonment in the county jail, the jail is used as a prison for the safe-keeping or confinement of the following persons: (1) Persons committed for trial for public offenses; (2) convicts sentenced to imprisonment in the penitentiary, until their removal thereto; (3) persons committed for contempt, or on civil process; (4) persons committed on failure to give security for their appearance as witnesses in any criminal case; (5) persons charged with, or convicted of a criminal offense against the United States; and (6) all other persons committed thereto by authority of law.

4948 (4537) (4495) (3795) (247). Commencement of subsequent imprisonment on two or more convictions.-When a convict is sentenced to confinement in the county jail on two or more convictions, the imprisonment on the second, and on each subsequent con

viction, must commence at the termination of the imprisonment on the preceding sentence.

4949 (4538) (4488) (3786) (238). Commitments and discharges filed and preserved.-It is the duty of the sheriff, or of the jailer under his direction, to file in regular order, and safely preserve the process or order by which any prisoner is committed to jail, or discharged therefrom, or an attested copy of such process or order.

4950 (4539) (4489) (3787) (239). Jail, prisoners, etc., delivered to successor.-On the death, resignation, removal from office, or expiration of term of office, of any sheriff, or of any coroner acting as sheriff, the jail must be delivered over to his successor, or to the person authorized by law to take charge of it, together with the prisoners therein, the files of commitments and discharges, and everything belonging or appertaining to the jail.

4951 (4540) (4491) (8789) (241). What prisoners kept separate. Men and women, except husband and wife, must not be kept in the same room; and white and colored prisoners, before conviction, must also be kept separate and apart, if there be a sufficient number of apartments for that purpose.

4952 (4541) (4492) (3790) (242). Support of prisoner furnished by himself or jailer.-Any person committed to jail may furnish his own support, under such precautions as may be adopted by the jailer to prevent escapes; and the jailer must furnish a support to those prisoners who do not provide it for themselves.

4953 (4542) (4493) (3791) (243). Necessary clothing, medicines, etc., to insolvent prisoners.-Necessary clothing and bedding must be furnished by the sheriff or jailer, at the expense of the county, to those prisoners who are unable to provide them for themselves; and also necessary medicines and medical attention to those who are sick, when they are unable to provide them for themselves.

4954 (4548) (4494) (3792) (244). Prisoners not allowed to receive spirituous liquors.-No person confined in jail must, on any pretext whatever, be furnished with, or allowed to receive, any spirituous or vinous liquors, except on the written order of a physician, stating that such liquor is necessary for his health.

4955 (4544) (4496) (3796) (248). Removal of prisoners on account of fire.-When the county jail, or any building contiguous thereto, is on fire, and there is reason to apprehend that the prisoners may be thereby injured or endangered, the sheriff or jailer may remove them to a safe and convenient place, and confine them there so long as may be necessary to avoid the danger.

4956 (4545) (4497) (3797) (249). Removal of prisoners in ill health. When the life or health of any prisoner, who is not confined under process from any court of the United States, may be seriously endangered by longer confinement in jail, and that fact is made to appear clearly to any circuit judge, or to the judge of the city, or county court of the county, such judge must, by an order in writing, direct the sheriff or jailer to remove him to some suitable place, as