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2500 ARTICLE 59
three weeks of the time when such person shall have been admitted to such
institution make his report in writing to the court or justice of the peace
before whom such charge shall then be pending at the time of such report,
and such further proceedings shall then be had as if such report had been
made by the said Board of Mental Hygiene.
Nothing in this section shall apply to the duties of the Department of
Welfare of the City of Baltimore.
This section referred to in construing sec. 6. Price v. State, 159 Md. 499.
An. Code, 1924, sec. 11. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1828, ch. 201, 1920,
ch. 735, sec. 8.
11. The provisions of the two preceding sections shall apply to the
case of any person who may be arrested on any process issued by any
court, judge or justice of the peace of this State, founded on oath, requir-
ing security to keep the peace, and who shall fail to give such security.
The proceedings are not invalid because the peace warrant was issued by magistrate
and not by judge himself, nor because it does not appear from face of the proceedings,
that lunatic had failed to give security to keep the peace. Case held to be within
spirit and intent of law. Devilbiss v, Bennett, 70 Md. 558.
An. Code, 1924, sec. 12. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1826, ch. 197, sec. 3.
1920, ch. 735, sec. 9.
12. If any insane or lunatic person mentioned in the six preceding
sections shall be possessed of real or personal property, the annual profit
or rent of which shall be adequate to his reasonable support in any hospi-
tal or asylum for the reception of insane or lunatic persons, the court or
judge shall appoint a trustee for the estate of said lunatic or insane person
and shall require the said trustee to give bond to the State of Maryland
in such penalty and with such security as the court or judge shall approve,
with condition that he will cause the said lunatic or insane person to be
confined and supported in some hospital or insane asylum until such per-
son shall have recovered his reason, and that he will faithfully administer
and fully account for all such estate, income and effects of said lunatic or
insane person as shall come to his possession or be under his care or
direction.
The provisions all and singular of Sections 1, 2, 3, 4, 5 and 49 of this
Article, with regard to the public maintenance of lunatic or insane
persons and all other provisions of this Article with regard to the public
maintenance of such persons, as such sections and such provisions of such
Article now stand or as they may be hereafter amended, shall be applica-
ble to those persons mentioned in the five preceding sections, who shall
not be possessed of real or personal property, the annual profit or rent
of which shall be adequate to their reasonable support in a hospital or
asylum for the reception of insane or lunatic persons, except that in case
of persons who shall remain in such hospital or asylum less than one month,
the county or city from which such person shall have been committed shall
pay the actual cost of the maintenance of such persons, but not exceeding
two dollars per diem.
Proceedings of a trustee in making a final report (after the discharge of the lunatic)
and asking that his reports be referred to an auditor to state an account allowing
commissions, etc., upheld. Devilbiss v. Bennett, 70 Md. 559.
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