364 CHANCERY. [ART. 16

This section referred to in construing the act of 1894. ch. 247—see notes
to section 52. Baltimore v. Keeley Institute. 81 Md. 114.
As to lunatics, see articles 59 and 44.

1904, art. 16, sec. 48. 1894, ch. 247, sec. 1.

52. Any inhabitant of this State, who is of kin to or a friend of an
habitual drunkard, as defined in section 56, may petition the circuit
court for the county for the residence of such drunkard, or the circuit
courts of Baltimore city, if said habitual drunkard resides therein, for
leave to send such drunkard, at the expense of said county or city of
Baltimore, to such institution for the medical treatment of drunken-
ness, as the said court may designate; which petition shall set forth the
name, age and condition of such habitual drunkard, and that such
drunkard or those of his kin petitioning are not financially able to
incur the expense of his cure, and shall set forth that said drunkard is
willing and will agree to attend such institution for the cure of drunk-
enness; which petition shall be verified by the person making such
request, and shall contain in addition thereto the written agreement of
such habitual drunkard to take such treatment and obey the rules of
the institution administering the same, and the names of three tax-
payers in the county of his residence, or of Baltimore city, if he resides
therein, stating that they are familiar with the facts set forth in the
petition, and that they are familiar with the financial circumstances of
such drunkard and of the petitioning kin, and think it a proper case for
assistance from the county wherein the said habitual drunkard resides,
or Baltimore city, if he resides therein.

The act of 1894, ch. 247. is not in conflict with the Maryland constitution,
either on the ground that it imposes a tax upon citizens of Baltimore without
their consent, or on the ground that its title is defective. Baltimore v. Keeley
Institute. 81 Md. 113: Mealey v. Hagerstown. 92 Md. 746.

Ibid. sec. 49. 1894. ch. 247. sec. 2.

53. When such petition is filed, any judge of the circuit court
referred to in section 52, if satisfied from examination that the facts set
forth in the petition are true, and that the said drunkard has been a
resident of the county or of Baltimore city for six months next preced-
ing the application, and that such drunkard of his own free will desires
to take such treatment, shall send such habitual drunkard to some insti-
tution for the cure of drunkenness; provided, said institution is located
in the State of Maryland, and that" the managers of such institution will
agree to treat such patient for a sum not to exceed one hundred dollars;
but such court shall not be compelled to send such habitual drunkard to
any institution making a lower bid than the sum herein specified, unless
in their judgment the best interest of such drunkard shall be promoted
thereby; and the said judge of the circuit court shall thereupon make
an order that the expense of such treatment be paid out of the treasury
of the county or the city of Baltimore, as the case may be, in the same
manner that other claims against such county or city of Baltimore for
the administration of justice are paid; provided, that no county or the
city of Baltimore shall be required to send the same habitual drunkard