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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2505   View pdf image (33K)
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LlTNATICS AND INSANE 2505

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.

An. Code, 1924, sec. 21. 1920, ch. 682.

22. That in any instance in which any person or persons may now or
hereafter be confined in any institution of this State by virtue of being
insane, or laboring under any mental disorder who may have been so con-
fined or committed to any such institution by virtue of any of the provi-
sions of this Article, or any other instance, upon application to any of
law courts of the City of Baltimore, or of any of the Circuit Courts of this
State, said person or persons may on his or her own behalf, or on behalf
of any other person for them, file a petition in said court, requesting said
court that said person or persons so confined be immediately brought be-
fore said court to test said question of sanity or insanity or mental dis-
order; and said court is authorized and directed to forthwith empanel a
jury in the usual way, to summon witnesses and to hear evidence, and
said jury shall determine the question of the sanity or insanity of said
person, and whether or not said person is laboring under any mental dis-
order, and if the jury determine that said person or persons is insane or
suffering from some mental disorder, the said person shall be immediately
remanded to the institution in which confined; but if said jury shall deter-
mine that said person or persons is sane, or is not laboring under any men-
tal disorder, such person shall be immediately released and discharged
from custody.

See art. 16, sec. 123, et seq.

1927, ch. 393.

23. Where a veteran of any War, military occupation or expedition,
is, or has been, adjudged mentally incompetent by a Court of competent
jurisdiction and commitment to a hospital for the insane is necessary, such
Court is hereby authorized to communicate with the official in charge of
the U. S. Veterans' Hospital within the State of Maryland with reference
to the eligibility of such veteran to be hospitalized in such United States
Veterans' Hospital. If the Court is advised by the official in charge of
such hospital that such veteran is entitled to hospitalization and the veteran
is aceptable for same and Bureau facilities within the State of Maryland
are available, the Court may direct such veteran's commitment to such
United States Veterans' Hospital within the State of Maryland and such
veteran upon admission shall be subject to the rules and regulations of such
hospital and the officials of such hospital shall be invested with the same
powers now exercised by Superintendents of State hospitals for insane
with reference to the retention of custody of veterans so committed, if it
is deemed advisable to assume such powers.

Provided, however, that any veteran, as prescribed above, who shall have
been duly committed to a State hospital for the insane within the State
of Maryland prior to April 26, 1927, may be transferred to the custody of
the official in charge of the U. S. Veterans' Hospital as provided above
and such transfer of custody shall not affect the efficacy of the original
order of commitment in such case.

This legislation is intended as an addition to and does not affect the
repeal of any existing legislation governing matters of this nature which
are not in conflict with the provisions of this section.
See Art. 65, sec. 59-80.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2505   View pdf image (33K)
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