62 LAWS OF MARYLAND. [CH. 14

21 thereof; and to enact a new section of said Article to be
known as Section 34A thereof, to follow immediately after
Section 34 thereof, providing for the manner of committing
certain lunatic and insane persons to institutions and for
proceedings to determine the sanity of persons confined in
institutions and the method whereby such persons may be
so confined and released.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 22 of Article 59 of the Annotated Code of
Maryland (1939 Edition), title "Lunatics and Insane", sub-
title "Board of Mental Hygiene", be and the same is hereby re-
pealed, and that a new section be and the same is hereby
enacted in lieu thereof, to be known as Section 22 and to fol-
low immediately after Section 21 of said Article, said new
section to read as follows:

22. Any person confined in any State or licensed private
institution for the care, custody or treatment of insane per-
sons, or anyone in his behalf, including the Superintendent or
physician in charge of such institution, may file a petition in
the Circuit Court for any county or a Court of law in the City
of Baltimore, requesting that the person so confined be brought
before said Court for the purpose of having the sanity of such
person determined, and the Court shall forthwith empanel a
jury of twelve men to be selected by the Court from the jurors
then in attendance upon said Court, or if the Court is then
in recess, the jurors shall be selected from those in attendance
at the term of Court at which said petition shall be heard;
provided, however, that if the person so confined as aforesaid
waives in writing or in open Court his right to have a jury
pass upon his sanity, the Court may, in its discretion, dispense
with the jury, in which event, the Court shall thereupon pro-
ceed to hear and determine the matter without the interven-
tion of a jury. Any party in interest shall have the right to
process to compel the attendance of witnesses. If the Court
or jury, as the case may be, shall determine that such person
is insane or is suffering from a mental disease, the Court shall
order said person committed to the institution from which he
immediately came, or to some other suitable institution, other-
wise he shall be discharged.

SEC. 2. And be it further enacted, That a new section be
and the same is hereby enacted, to be known as Section 34A
of Article 59 of the Annotated Code of Maryland (1939 Edi-
tion), title "Lunatics and Insane", sub-title "Board of Mental
Hygiene", to follow immediately after Section 34 of said
Article, said new section to read as follows: