Page:United States Statutes at Large Volume 52.djvu/670

 52 STAT.] 7 5 TH CONG., 3D SESS.-CH. 326-JUNE 8, 1938 made for a jury trial, or such trial be ordered by the court on its own motion, the case shall be calendared for trial not less than ten days after demand for hearing by the court or for a jury trial, or unless the time is extended by the court. The Commission, or any of the members thereof, shall be competent and compellable witnesses at any trial or hearing of an alleged insane person. In any case in which a commitment at public expense, in whole or in part, is sought, the corporation counsel or one of his assistants shall repre- sent the petitioner unless said petitioner shall be represented by counsel of his or her own choice. The jury to be used in lunacy inquisitions in those cases where a Empanelingof jury trial shall be demanded or ordered shall be empaneled, upon order of the court, from the jurors in attendance upon other branches of the District Court of the United States for the District of Colum- bia, who shall perform such services in addition to, and as part of, their duties in said court. SEC. 8. If no demand be made for a hearing by the court or by ,Procedure ii the court and a jury, the judge holding equity court shall determinehearingdemande the sanity or insanity of said alleged insane person, but such judge may, in his discretion, require other proofs, in addition to the peti- tion and report of the Commission, or such judge may order the temporary commitment of said alleged insane person for observation or treatment for a period of not more than thirty days. The judge, may in his discretion, dismiss the petition notwithstanding the recom- mendation of the Commission. If the judge be satisfied that the alleged insane person is of sound mind, he shall forthwith discharge such person and dismiss the petition. SEC. 9. If the judge be satisfied that the alleged insane person is Commitments. insane, or if a jury shall so find, the judge may commit the insane person as he in his discretion shall find to be for the best interests of the public and of the insane person. In case of a temporary commitment, the court may make additional temporary commitments upon further examination by, and the recommendation of, the Com- mission. SEC. 10. If an insane person be found by the Commission, subject Nonresident in to the review of the court, not to be a resident of the District of Columbia he may be committed by the court to Saint Elizabeths Hospital as a District of Columbia patient until such time as his resi- dence shall have been ascertained. Upon the ascertainment of such insane person's residence in some other jurisdiction, he shall be trans- ferred to the State of such residence. The expense of transferring such patient, including the traveling expenses of necessary attendants to insure his safe transfer, shall be borne by the District of Columbia only if the patient be indigent. Any insane person found by the Commission to have been a resident Resident, etc., of the District of Columbia for more than one year prior to the filing sane of the petition, and any person found within the District of Columbia whose residence cannot be ascertained, who is not in confinement on a criminal charge, may be committed by the court to, and confined in, said Saint Elizabeths Hospital, or any other hospital in said Dis- trict, which, in the judgment of the health officer of said District, is properly constructed and equipped for the reception and care of such persons, and the official in charge of which, for the time being, is willing to receive such persons. "Resident of the District of Columbia", as used in this section, "Resident o District ofColut means a person who has maintained his principal place of abode in defined. the District of Columbia for more than one year prior to the filing of the petition provided for in section 1 of this Act. Ate p. 625 jury. fno d. sane. the ibia" 629, in

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