ART. 59] LUNACY COMMISSION. 1423

bring the matter to the attention of the state's attorney of Baltimore
city, or the state's attorney of any of the respective counties of the
State, whose duty it shall be to apply to the proper tribunal for the
writ of habeas corpus, to the end that proper inquiry and investigation
may be had at once as to the mental condition of such person; and if
the court shall be of the opinion that such person is not insane, then the
court shall discharge such person; but if the court shall determine that
such person is insane, then the court shall order that such person be
returned to the institution from which he has been taken under said
writ of habeas corpus.

1904, art. 59, sec. 21. 1888, art. 59, sec. 21. 1886. ch. 487, sec. 22.
1910, ch. 715, sec. 21 (p. 188).

21. It shall be mandatory upon the officers or others in charge of
such institutions under the supervision of the commission to furnish all
information that may be requested by said commission or its secretary,
and give free access to any member thereof and to the secretary of said
commission to visit the insane or feeble-minded in their keeping; any
refusal to do so on the part of anyone shall be a misdemeanor, punish-
able by fine or imprisonment, in the discretion of the court in which the
case may be tried. Any member of the commission or its secretary
may visit any sanitarium or other institution where sick or infirm
persons are received, cared for or treated, for compensation or free,
for the purpose of ascertaining whether insane persons are confined
therein without authority and contrary to the provisions of the law.
All persons having charge of and connected with any such sanitarium
or institution shall permit any member of the commission or its secretary
to have full access to any portion thereof, and shall give such informa-
tion and afford such facilities for the inspection and inquiry as the
member of the commission or its secretary making such visit may
require.

Ibid. sec. 22. 1888, art. 59, sec. 22. 1886, ch. 487, sec. 23.
1910, ch 715, sec. 22 (p. 188).

22. The lunacy commission is empowered by sections 17 to 19, 21
to 23, 25, 37 and 39 to 45 to issue compulsory process for the attend-
ance of witnesses and the production of papers, to administer oaths
and examine persons under oath, and exercise the same powers as
belong to a justice of the peace in all cases where, from evidence laid
before them, there is reason to believe that any person is wrongfully
deprived of his or her liberty, or had been cruelly, improperly or neg-
ligently treated in any place or institution or almshouse; but in all
cases in which said commission shall take action or determine any ques-
tion affecting any insane person or persons supposed to be insane, or
any institution in which such insane or supposed insane person is con-
fined, the managers of said institution shall have the same right to
appeal from said action or determination of said commission as is now
allowed by law in cases instituted before justices of the peace of the