2510 ARTICLE 59

be detained for more than three days after having given notice of his
or her desire and intention to leave such institution unless such per-
son shall in the meantime have been legally committed upon and after due
notice to him. or her on the request of his or her relatives or friends, in
accordance with Section 34 of this article regulating the commitment and
detention of the insane in hospitals and asylums; nor shall any person
be received or detained as a voluntary patient whose mental condition is
such, or becomes such, that such person cannot comprehend the act of
voluntary commitment, or be able to request his or her discharge, or give
continuous assent to detention. Every such voluntary patient so admitted
shall be, reported to the Board of Mental Hygiene as provided in cases
legally committed, and shall be further reported to the Board of Mental
Hygiene with a statement of the mental condition of said person at the
end of each three months of said patient's residence in the institution to
which he or she has requested admission, and when discharged therefrom,
a copy of this Section shall be read or exhibited to every person request-
ing admission to any institution in accordance with its provisions.
This section referred to—see notes to art. 16, sec. 38. Lowe v. Lowe, 150 Md. 603.

An. Code, 1924, sec. 39. 1912, sec. 38. 1904, sec. 38. 1888, sec. 38. 1886, ch. 487, sec. 39.

41. No institution for the custody, confinement or treatment of the
insane, whether public, corporate or private, shall be authorized to hold
in confinement or custody any number of insane persons exceeding five for
compensation, unless there shall be a physician in regular attendance upon
such institution or house.

An. Code, 1924, sec. 40. 1912, sec. 39. 1910, ch. 715, sec. 38A (p. 190).

42. The Board of Mental Hygiene shall divide the State of Mary-
land into such number of hospital districts which, in its discretion, the
Board may deem advisable for the proper care and custody of the insane.
Whenever the Board of Mental Hygiene shall deem it necessary to more
conveniently care for the insane in the various hospitals, it may change the
limits of such hospital districts. The Board shall notify the county com-
missioners of each county of the limits of the various districts.

An. Code, 1924, sec. 41. 1912, sec. 40. 1910, ch. 715, sec. 38B (p. 190). 1920, ch. 735, sec. 40.

1939, ch. 120, sec. 41.

43. Whenever the Commissioner of Mental Hygiene, after investiga-
tion, determines that any patient in any State hospital for mental patients
can be given better or safer care or more adequate treatment in another
State hospital for mental patients, he may order such transfer after notify-
ing the family or guardian that the transfer is to be made. In each case
the Commissioner of Mental Hygiene shall notify the county or city to
which the patient's maintenance is charged of such transfer.

It shall be unlawful to convey any woman patient to any institution,
asylum, hospital, home or retreat for the insane, or to transfer any woman
patient from or. to any such place; except such woman patient be accom-
panied by some relative, friend or nurse of the same sex. This shall not
apply to any woman patient accompanied by her father, husband or adult
brother or son.