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Session Laws, 1918 Session
Volume 486, Page 311   View pdf image (33K)
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EMERSON C. HARRINGTON, GOVERNOR. 311

if he then was under detention by law as a person of unsound
mind and subject to detention. The word "state" wherever
used in this Act shall include states, territories, districts and
insular and other possessions of the United States. As applied
to a request to return any person within the purview of this
Act to or from the District of Columbia, the words "executive
authority", "Governor" and "Chief Magistrate" respectively
shall include a justice of the Supreme Court of the District of
Columbia and other authority.

SEC. 23. (Persons Subject to the Act. ) A person alleged to be
of unsound mind found in this State, who has fled from another
State, in which at the time of his flight:

(a) He was under detention by law in a hospital, asylum
or other institution for the insane as a person of unsound
mind; or

(b) He had been theretofore determined by legal proceed-
ings to be of unsound mind, the finding being unreversed and
in full force and effect, and the control of his person having
been acquired by a court of competent jurisdiction of the State
from which he fled; or

(c) He was subject to detention in such State, being then
his legal domicile (personal service of process having been
made) based on legal proceedings there pending to have him
declared of unsound mind; shall, on demand of the executive
authority of the State from which he fled, be delivered up to
be removed thereto.

SEC. 24. (Procedure. ) Whenever the executive authority of
any State demands of the executive authority of this State, any
fugitive within the purview of Section 23 and produces a copy
of the commitment, decree or other judicial process and pro-
ceedings, certified as authentic by the Governor or Chief Magis-
trate of the State whence the person so charged has fled, with
an affidavit made before a proper officer showing the person to
be such a fugitive, it shall be the duty of the executive authority
of this State to cause him to be apprehended and secured, if
found in this State, and to cause immediate notice of the ap-
prehension to be given to the executive authority making such
demand, or to the agent of such authority appointed to receive
the fugitive, and to cause the fugitive to be delivered to such
agent when he shall appear. If no such agent appears within
thirty days from the time of the apprehension, the fugitive may
be discharged. All costs and expenses incurred in the appre-

 

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Session Laws, 1918 Session
Volume 486, Page 311   View pdf image (33K)
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