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Session Laws, 1955
Volume 620, Page 612   View pdf image (33K)
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612                               LAWS OF MARYLAND                        [CH. 353

(1951 Edition), title "Lunatics and Insane", sub-title "Department
of Mental Hygiene", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

20. Any person confined in any State or licensed private institution
for the care, custody or treatment of insane persons, and any veterans
of any war, military occupation or expedition confined in any United
States Veterans Hospital within the exterior geographical boundaries
of the State of Maryland, or anyone in his behalf, including the
Superintendent, chief officer or physician in charge of such institu-
tion, may file a petition [in the Circuit Court for any county or a
Court of law in the City of Baltimore,] in the law courts of any
county or Baltimore City, as the case may be, either where he is
confined, or from which he was committed, or which was the bona
fide residence of the petitioner at the time of his commitment,
request-
ing 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 proceed to hear and determine the matter;
provided, however, that if the person so confined, or anyone in his
behalf, shall pray a jury trial, the Court shall 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 in recess, the jurors
shall be selected from those in attendance at the term of the Court at
which said petition is heard. 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 per-
son committed to the institution from which he immediately came, or
to some other suitable institution, otherwise he shall be discharged.
After a person has had one hearing under the provisions of this
section, any further petition filed by him
WITHIN A PERIOD OF
ONE YEAR FROM THE DATE OF THE PREVIOUS HEARING
shall be accompanied by one or more affidavits of a person or persons,
other than himself or another person confined in an institution or
hospital, as aforesaid, shoiving the mental condition of the petitioner
at that time as compared with such condition at the time of the last
previous hearing. If, in the opinion of the Court, the affidavit(s)
indicate a substantial improvement in the petitioner's mental con-
dition, the case shall be heard and determined as hereinbefore pro-
vided; otherwise the petition shall be dismissed.

SEC. 2. And be it further enacted, That this Act shall take effect
June 1,1955.

Approved April 11, 1955.

CHAPTER 353
(House Bill 333)

AN ACT to repeal and re-enact, with amendments, Section 455 of the
Code of Public Local Laws of Anne Arundel County (1947 Edition),

EXPLANATION: Italics indicate new matter added to existing law.
[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

 

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Session Laws, 1955
Volume 620, Page 612   View pdf image (33K)
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