or misdemeanor, that such person was insane at the time of the commission or such offence, and such person shall be acquitted, the jury shall be required to find specially, whether such person was insane at the time of the commission of such offence, and to declare whether such person was acquit ted by them on the ground of such insanity, and if they shali so find and declare, the court before whom the trial was hail. shall have power to order such person to be kept in strict custody, in such place, and in such manner as to the said court shall seem fit, at the expense of the county in which the trial was had, so long as such person shall continue to be of unsound mind. SECTION 59. The same proceedings may be had if any person indicted for an offence, shall, upon arraignment, be found to be a lunatic, by a jury lawfully impanelled for the purpose, or if upon the trial of any person so indicted, such person shall appear to the jury charged with such indictment to be a lunatic, in which case, the court shall direct such finding to be recorded, and may proceed as aforesaid. SECTION 60. In every case in which any person charged with any offence shall be brought before the court, to be discharged for want of prosecution, and shall, by the oath or affirmation of one or more credible persons, appear to be insane, the court shall order the prosecuting attorney, to send before the grand jury, a written allegation of such insanity, in the nature of a bill of indictment, and thereupon, the said grand jury shall make inquiry into the case, as in cases of crimes, and make presentment of their finding to said court, and if said grand jury shall affirm said written allegation, they shall endorse the same thereon, and thereupon, the court shall order a jury to be impanelled, to try the insanity of such person, but before a trial thereof be ordered, the court shall direct notice thereof to be given to the next of kin of such person, by publication or otherwise, as the case may require, and if the jury shall find such person to be insane, the like proceedings may be had as aforesaid. SECTION 61. Provided, That if the kindred or friends of any person who may have been acquitted as aforesaid, on the ground of insanity, or in default of such, the guardians, overseers, or supervisors of any county, township, or place, shall give security, in such amount as shall be satisfactory to the court, with condition that such lunatic shall be restrained from the commission of any offence, by seclusion. or otherwise; in such case, it shall be lawful for the court to make an order for the enlargement of such lunatic, and his delivery to his kindred or friends, or as the case may be, to such guardian, overseers, or supervisors. SECTION 62. The estate and effects of every such lunatic shall, in all cases, be liable to the county aforesaid, for the re-imbursement of all costs and expenses paid by such county in pursuance of such order, but if any person acquitted on the ground of insanity, shall have no estate or effects, the county, township, or place to which such lunatic may be chargeable, under the laws of this commonwealth, relating to the support and employment of the poor, shall, after notice of his detention as aforesaid, be liable for all costs and expenses as aforesaid, in like manner as if he had become a charge upon any township not liable for his support, under the laws aforesaid. VII. OF SUPERCEDING A COMMISSION OF LUNACY. SECTION 63. It shall be lawful for the court to which any inquisition shall be returned, as aforesaid, on petition by the party, setting forth that he is restored to a sound state of mind, or that he is reformed, and become habitually sober, as the case may be, to take proofs of the facts, and if the court shall be satisfied of the truth of the allegations in such petition, it shall be their duty, to make an order that the commission issued in such case, and the inquisition taken thereon, and the appointment of committee, and all proceedings relating thereto, be suspended, or altogether superceded and determined, as the court shall decide. SECTION 64. The order of the court, as aforesaid, duly certified, shall have all the effect of a writ of supersedeas, in respect to the estate, or rights and privileges of such party, and may be enforced by attachment. SECTION 65. Provided, That the order of the court for the superceding of the commission, as aforesaid, shall not have the effect of rendering the estate of such person liable for any contract made by him at any time previous to sucn order. VIII. PENALTY ON INN-KEEPERS SELLING TO HABITUAL DRUNKARDS. SECTION 66. If any inn keeper, distiller, grocer, or other person, shall receive notice from the committee of an habitual drunkard, not to furnish or supply him with any liquor, and shall, after such notice, sell, or in any manner furnish or supply any wine, or spirituous, or mixed liquors, to such habitual drunkard, or any person for him, every person so selling or furnishing, shall forfeit and pay the sum of ten dollars for every such act, to be recovered as debts of the same amount are by law recoverable, and to be appropriated. one half to the county treasury, and the other half to the person who shall sue for the same. SECTION 67. The word "lunatic" in this act, shall be construed to mean and include every person of unsound mind, whether he may have been such from his nativity, as idiots, or have become such from any cause whatever. SECTION 68. All laws hereby altered or supplied, so far as are inconsistent with this act, are hereby repealed, and this act shall take effect from and after the first day of September next. NER MIDDLESWARTH, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. APPROVED-The thirteenth day of June, Anno Domini, one thousand eight hundred and thirty-six. : JOS: RITNER. No. 172. An Act Relating to Domestic Attachments. TABLE OF CONTENTS. SECTION 1. In what cases, and out of what court, writs of domestic attachments may be issued. 2. Affidavit to be previously made. 3. Form of the writ. 4. Clause of summons in such writ. 5. Clause of capias in do. 6. Proceedings, if real estate within the county be attached. 7. Other creditors may suggest their names, and prosecute the writ. 8. Perishable goods may be sold. 9. Writs of attachment into other counties. 10. Proceedings on such testatum writs. 11. Duty of sheriff on such writs. 12. Power of the court of Common Pleas on such writs. 13. Trustees to be appointed, and to make oath, &c. 14. Vacancies to be filled. 15. Security may be required of the trustees. 19. Trustees to be vested with all the estate of the debtor, and their duties in regard to it. 20. Provisoes to the preceding section. 21. Power to summon and examine persons. 22. Persons refusing to appear to be examined, may be committed to prison. 23. Proviso that any person committed may be enlarged on giving bail, &c. 24. Same as to books, &c. of defendant. 25. Proceedings if the garnishee or other person reside in another county. 26. Trustees may break open doors, &c. 27. Trustees may recover property fraudulently disposed of by the debtor. 28. Property mortgaged, &c. may be redeemed by the trustees. 29. After a certain time, the trustees may sell, convey, &c. the estate of the debtor. 30. Proviso-notice to be given before every sale. 31. After a certain time, trustees to receive proof of claims, and make report thereof. 32. Prothonotary to give notice of the filing of such report, and proceedings thereon. 33. Second and other dividends may be made. 34. Proviso-no preference to be allowed to debts due on specialties. 35. Debts payable at a future day, may be provided as if payable presently. 36. Set-off in case of mutual debts. 37. The overplus, if any, to be returned to the defendant. 38. After final distribution, the trustees to settle and file their accounts. 39. Power of the court, to dissolve the attachment, on application of the defendent. 40. Power of the court to make orders respecting the costs in such case. 41. No second or other attachment to be issued, &c. 42. The death of the defendant not to affect the proceedings. 43. Appeal to the Supreme court. 44. Repealing clause; when this act shall take effect. An act relating to Domestic Attachments. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That writs of domestic attachments may be issued by the court of Common Pleas of the county in which any debtor, being an inhabitant of this commonwealth, may reside, if such debtor shall have absconded from the place of his usual abode, within the same, or shall have remained absent from this commonwealth, or shall have confined himself in his own house, or concealed himself elsewhere, with design, in either case, to defraud his creditors. And the like proceedings may be had if any debtor, not having become an inhabitant of this commonwealth, shall confine or conceal himself within the county, with intent to avoid the service of process, and to defraud his creditors. SECTION 2. But no such writ shall be issued, except upon oath or affirmation, previously made, by a creditor of such person, or by some one in his behalf, of the truth of his Rebt, and of the facts upon which the attachment shall be founded, which oath or affirmation shall be filed on record. SECTION 3. The writ aforesaid shall be made according to the following form, viz: County, ss. The Commonwealth of Pennsylvania, To the sheriff of Whereas, A. B., late of the county, greeting: County has absconded from the place of his usual abode in said county, (reciting the matters of fact contained in the affidavit, as the case may be,) with design to defraud his creditors, as it is said; therefore, we command you that you attach, all and singular the goods and chattels, lands and tenements of the said A. B within your bailiwick, in whose hands or possession soever the same may be, for the benefit of C. D., who sues this writ, and of the other creditors of the said A. B.: and we further command you, that you cause the goods and chattels attached by virtue of this writ, forthwith to be secured and appraised, and an inventory thereof to be made. and how you shall have executed this writ make known to our judges at , in the county aforesaid, on the day of and have you then there this writ, together with the said inventory and appraisement: Witness, &c. SECTION 4. Every writ of domestic attachment, shall contain a clause requiring the sheriff, or other officer, to summon the garnishee, or person in whose hands any of the defendant's money or other effects may happen to be, to appear before the court from which the writ shall issue, at the day and place mentioned in the said writ, to abide the orders of the court in the premises. SECTION 5. It shall be lawful for the plaintiff, in any case of attachment as aforesaid, to cause to be inserted in the |