Page:United States Statutes at Large Volume 53 Part 2.djvu/819

 1295 53 STAT.] 76TH CONG., 1ST SESS.-CH. 620-AUG. 9, 1939 Persons arrested under the provisions of the Act of Congress Arrest and deten- approved April 27, 1904 (33 Stat. 316), shall be detained in Gallinger pital pending filing of petition. Municipal Hospital pending the filing of a petition as provided in 33 Stat.316. section 1 of this Act. Such petition shall be filed within forty-eight 31-. c. code hours after such person shall have been admitted into Gallinger Time limitation. Municipal Hospital, or, if such forty-eight-hour period shall expire on a Sunday or legal holiday, then not later than noon of the next succeeding day which is not a Sunday or legal holiday. The court, crder authtoriong or any judge thereof in vacation, may, upon being satisfied of the period. sufficiency of the petition, sign an order authorizing the continued detention of said person in Gallinger Municipal Hospital and, unless found by the staff of Gallinger Municipal Hospital to be of sound mind, in Saint Elizabeths Hospital for a period not exceeding thirty davs from the time of his apprehension and detention. If such noischageifpetition petition be not filed, and such order of court obtained within the e aforementioned period, the person shall be discharged forthwith. If Elizabeths Hospital if said staff shall find that such person is of unsound mind and suitable found of unsound for treatment by reason of mental illness, the superintendent of said m et hospital may immediately transfer such person to Saint Elizabeths Hospital, and shall report the fact of such transfer to the Com- ioprt to Commis- mission. The superintendent of Saint Elizabeths Hospital is hereby Detention at ex- authorized to receive and detain persons so transferred, at the expense penseof DC. of the District of Columbia. Discharge if found If as a result of examination, the staff of Gallinger Municipal Hos- san e pital shall find that any person detained in Gallinger Municipal Hospital pursuant to the provisions of this section is of sound mind, he shall be discharged forthwith by said Gallinger Municipal Hos- pital, and the petition, if any, shall be dismissed. Any petition filed in the equity court for a writ de lunatico 0Referenceofpetition for writs by court to inquirendo or for an order of commitment of any alleged insane Commission. person, shall be referred by the court to the Commission for report and recommendation within such time as the court may designate, not exceeding seven days, which time may be extended by the court for good cause shown, and in such event the period of temporary com- mitment in Saint Elizabeths Hospital may be extended by the court for such additional time as the court shall deem necessary. The 'xam"intion. Commission shall examine the alleged insane person and any other person, including any suggested by the alleged insane person, his relatives, friends, or representatives, whose testimony may be relevant, competent, and material upon the issue of insanity; and the Commis- sion shall afford opportunity for hearing to any alleged insane person, his relatives, friends, or representatives. At all hearings the alleged Right of counsel. insane person shall have the right to be represented by counsel. The Commission is hereby authorized to conduct its examination elsewhere than at and hearings of cases elsewhere than at the offices of said Commission commission's office. in its discretion, according to the circumstances of the case. If in the determination of the Commission he be found not to be cpplication boou Commission to court sane, then it shall be the duty of the Commission to apply to the court for hearing if found for a date for a hearing. In all cases before said hearing, the said Sereiceof notie on Commission shall cause to be served personally upon the patient a atentand others. written notice of the time and place of final hearing at least five days before the date fixed. Five days' notice of the time and place of the hearing shall in all cases be mailed to or served upon the applicant, but in case the applicant is not the husband, wife, or nearest relative, the notice shall be mailed to or served upon the husband, wife, or nearest relative, if possible. The notice shall contain a state- ment that if the patient desires to oppose the application for a final order of commitment, he may appear personally or by attorney at the

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