Page:American Journal of Sociology Volume 4.djvu/72

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Mexico the insane are examined and committed by the court.' In Kentucky, also, a lunatic may be examined by a jury of six, or, if he is not brought into court, by two physicians appointed by the court to visit and examine him in his home. The judge commits or dismisses the "lunatic" upon the finding of the jury or the committee of physicians.^ In Rhode Island an insane person may be committed by the justice of the peace, or, upon petition, a justice of the supreme court may appoint a commit- tee of three to make an examination of the lunatic, he then deciding the case in accordance with the evidence secured. In neither case is medical testimony necessary .3 In Mississippi the board of trustees for the hospital may admit patients upon the certificate of two physicians, or the case may be adjudicated, the person being tried by jury in the chancery court. < In Wis- consin and Vermont a trial by jury may be demanded after an examination has been made by physicians appointed by the court. 5

The second group, in which the decision as to insanity and the power of commitment rests with the court, jury, or justice, but in which a medical examination by one or more competent physicians must be made, includes the great majority of the com- monwealths. The court hears the case, taking the testimony of at least one physician, in Arizona, Arkansas, Idaho, Missouri, Nevada, New Jersey, Ohio, and Oregon." The same provision, except that the testimony of at least two physicians must be taken, obtains in California, Connecticut, Massachusetts, Michi- gan, Minnesota, Montana, South Carolina, Utah, and Washington.' In Montana the relatives of the person whose sanity is questioned may demand a trial by jury. In Wisconsin commitment is made by the court upon an examination by two physicians appointed by him for that purpose, or a trial by jury may be demanded. In New York the court commits upon the finding of two

■1768; 52. 3 6-11, ch. 82.

'2156-2157. •'2835,2843.

' 592. 593 ; Shumway vs. Shumway, 2 Vt. 339.

'2156; 3991-3992; 769-776; 491-496; 1457; 26, p. 1984; 703-706; 3557. '2210-2217; Act of June 13, 1895; Il-I3,ch. 87; 1901 ; 3462-3465; 2300- 2305; 1588; 2171-2177; 1544.