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Session Laws, 1947
Volume 411, Page 1848   View pdf image (33K)
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1848 LAWS OF MARYLAND. [CH. 751

124A. The use of a Sheriff's Jury in proceedings to deter-
mine the sanity of an alleged lunatic is hereby abolished.
Upon the filing of a petition for a writ de lunatico inquirendo,
the sanity of the alleged lunatic shall be determined in the
first instance by the Circuit Courts of the several counties in
equity or the Circuit Court of Baltimore City, as the case
may be. The jury to be used in such proceedings shall be
empanelled by the Court, from the jurors in attendance upon
the law or criminal court in said county or city, or, if there
be no jurors in attendance, the court shall forthwith select
twenty (20) good and lawful men from the names upon the
regular jury list of the last Jury Term of the law or criminal
court in said county or city to be summoned to attend as
jurors in said case. The summoning of said jurors and the
empanelling of a jury of twelve men from said regular panel
or from said list of jurors so summoned shall proceed as far
as practicable in accordance with the rules and practice of
obtaining for the selection and empanelling of jurors in other
civil cases.

134. In case of application by petition of a person who has
been adjudged a lunatic or non compos mentis to have the
commission superseded on the ground of recovery or restora-
tion to a sound state of mind and capacity to manage his
affairs, the petitioner shall be entitled to have the question
submitted to a jury empanelled under the order of the court
for the purpose, whose verdict shall be binding on the court,
unless set aside for cause. The jury to be used in such pro-
ceedings shall be empanelled by the Court, from the jurors in
attendance upon the law or criminal court in said county or
city, or, if there be no jurors in attendance, the court shall
forthwith select twenty (20) good and lawful men from the
names upon the regular jury list of the last Jury Term of the
law or criminal court in said county or city to be summoned
to attend as jurors in said case. The summoning of said jurors
and the empanelling of a jury of twelve men from said regular
panel or from said list of jurors so summoned shall proceed
as far as practicable in accordance with the rules and practice
of obtaining for the selection and empanelling of jurors in
other civil cases.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1947.

Approved April 25, 1947.

 

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Session Laws, 1947
Volume 411, Page 1848   View pdf image (33K)
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