Page:United States Statutes at Large Volume 52.djvu/672

 52 STAT. J 75Tr CONG., 3D SESS.--CHS. 326, 327 -JUNE 8, 1938 such recommendation shall be sufficient to authorize the court to enter an order declaring such person to be restored to his or her former legal status as a person of sound mind. In the event the Commis- sion shall find such person to be of unsound mind, it shall report that finding to the court. Upon the filing by the Commission of a report finding such person to be of unsound mind, the insane person shall have the right to a hearing by the court or by the court and a jury. For the purpose of making the examination and observations required by this section the Commission shall have the right to examine the records and to interrogate the physicians and attendants at Saint Elizabeths Hospital or any other hospital in which such patient shall have been confined, who have had the insane person under their care, and the Commission may recommend to the court the temporary recommitment, for a period of not more than thirty days, of such person for purposes of observation, and the court is hereby empowered to order the temporary recommitment of such person for said purpose. At such trial by the court or by the court and a jury, an adjudication shall be made as to whether the person is of sound mind or is still of unsound mind. SEC. 13. The same fees and mileage as are paid in the courts of the United States shall be paid in the case of witnesses subpenaed under the provisions of this Act. SEC. 14. The court in its discretion may require the petitioner to file an undertaking with surety to be approved by the court in such amount as the court may deem proper, conditioned to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of any such action. SEC. 15. Any person who executes a verified petition or affidavit as provided in this Act, by which he or she secures or attempts to secure the apprehension, detention, or restraint of any other person in the District of Columbia without probable cause for believing such person to be insane or of unsound mind, or any physician who knowingly makes any false certificate or affidavit, as to the sanity or insanity of any other person shall, upon conviction thereof, be fined not more than $500 or imprisoned not more than three years, or both. SEC. 16. All Acts or parts of Acts in conflict herewith are hereby repealed. SEC. 17. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application and to this end the provisions of this Act are declared to be severable. Approved, June 8, 1938. 631 If Commission finds person to be of un- sound mind. Right to hearing. Adjudication. Witnesses, fees and mileage. Petitioner may be required to file under- taking with surety. Penalty provisions. Repeal of conflict- ing Acts, etc. Separability of pro. visions. [CHAPTER 327] AN ACT To require the registration of certain persons employed by agencies to dissemi- [. R.'15911 nate propaganda in the United States and for other purposes. [Public No. 83] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this Aet- (a) The term "person" means an individual, partnership, asso- ciation, or corporation; (b) The term "United States" includes the United States and any place subject to the jurisdiction thereof; (c) The term "foreign principal" means the government of a for- eign country, a political party of a foreign country, a person domi- Dissemination of propaganda in the United States. Terms defined. "Person." "United States." " Foreign principaL"

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