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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 363   View pdf image (33K)
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ART. 16] INEBRIATES. 363

proceeding under this section and under section 48 shall be private
so far as may be lawful.

Inebriates.

1904, art. 16, sec. 47. 1888, art. 16, sec. 47. 1888, ch. 71. 1894, ch. 474.
51. Whenever, by petition, under oath, any person shall be alleged
to be an habitual drunkard, incapable of taking care of himself or his
property, any circuit court of this State and also either of the circuit
courts of Baltimore city shall have the power, in its discretion, on such
preliminary examinations or inquiry, as it may think proper to make ex
parte, to issue a warrant to the sheriff of the county or city, respectively,
to arrest and bring the party so charged before such court; and it shall
be the duty of the sheriff to obey such warrant; and such court shall
cause a jury of good and lawful men, to be summoned by the said
sheriff, to be empaneled forthwith, and shall charge said jury, under
oath, to inquire, in the presence of such person, whether he is an habit-
ual drunkard, incapable of taking care of himself; and the proceedings
in such case shall be like those now authorized by law in cases of per-
sons alleged to be lunatics or insane; and the rules of law and proceed-
ings now applicable to the property of lunatics shall apply to cases of
persons declared to be habitual drunkards under the provisions of this
section, except when herein otherwise directed; and any person who may
be alleged to be an habitual drunkard may dispense with the legal pro-
ceedings to establish the same, and may, with the approbation of the
court wherein said petition may be filed, appoint his own committee, and
may voluntarily enter any institution selected by the court, for a lim-
ited time; and the board of trustees or managers of such institution
may retain such person the length of time he may have agreed therein
to remain; and if the person against whom the petition may be filed
shall be found by the jury to be an habitual drunkard, incapable of
taking care of himself, it shall be the duty of the court to appoint a
committee of such person, and such committee shall, with the written
assent and approbation of the court, have the power of confining such,
person in any suitable institution, for such length of time, as the
court may, in writing, approve; but said committee, with the written
assent and approbation of the court, may at any time release from
confinement said habitual drunkard, and the period of confinement of
said habitual drunkard may, by the said committee, with the written
assent and approbation of the court, be from time to time extended, for
such period as may be necessary for his complete reformation; and the
words "habitual drunkard," as used in this section, shall be construed
to embrace any person who may be habitually addicted to the use of
alcohol, opium, cocaine, morphine or any other intoxicant.

Where the proceedings are voluntary, the committee has authority to
sell and convey the property of an inebriate. On an appeal from an order
directing a private sale of an inebriate's property, the order appointing the
inebriate's committee is not open to review. How the election by the inebriate
to dispense with a Jury trial and appoint his own committee, may be estab-
lished. How a sale should be reported and ratified. Tome v. Stump 89 Md.
270.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 363   View pdf image (33K)
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