Page:United States Statutes at Large Volume 53 Part 2.djvu/820

 1296 PUBLIC LAWS-CH. 620-AUG. 9, 1939 [53 STAT. time and place fixed for the hearing. Proof of service shall be made repttorney, et, ti at the hearing. The court may in its discretion appoint an attorney sane person; fee. or guardian ad litem to represent the alleged insane person at any hearing before the court, or before the court and jury, and shall allow the attorney or guardian ad litem so appointed a reasonable fee for his services. Such fees may be charged against the estate or prop- erty, if any, of the alleged insane person. Jury trial. If a demand is made for a jury trial, the superintendent of Gallin- ger Municipal Hospital or Saint Elizabeths Hospital shall see that the patient has been given opportunity to appear personally or by attorney at the hearing and assist him in communicating with his friends, rela- tives, or attorney. If the superintendent shall certify that in his opin- ion it would be prejudicial to the health of the patient or unsafe to produce the patient at the inquiry, then such patient shall not be required to be produced. Proof of service of the required notices shall be made at the hearing. Procedureifhearing SEC. 3. Upon the receipt of the report and recommendation of the Commission, a copy shall be served personally upon the alleged insane person, his guardian ad litem, or his attorney, if he has one, together with notice that he has five days within which to demand a jury trial. A demand for hearing by the court, or a demand for jury trial for the purpose of determining the sanity or insanity of the alleged insane person may be made by the said alleged insane person or by anyone in his behalf, or a jury trial may be ordered by the court upon its own motion. If demand be 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 more than ten days after demand for hearing by the court for a jury trial, unless the time is extended by the court. The Commis- sion, or any of the members thereof, shall be competent and com- pellable 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 represent the petitioner unless said petitioner shall be represented by counsel of his or her own choice. Empaneling ou SE. 4. The jury to be used in lunacy inquisitions in those cases where a 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 Columbia, who shall perform such services in addition to and as eIfn part of their duties in sail court. trial demanded.f SEO. 5. If no demand be made for a jury trial, the judge holding court shall determine the sanity or insanity of said alleged insane person, but such judge may, in his discretion, require other proofs, in addition to the petition and report of the Commission, or such judge may order the temporary commitment of said alleged insane person for observation or treatment for an additional period of not more than thirty days. The judge may, in his discretion, dismiss the petition notwithstanding the recommendation 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. Commitment. SE. 6 . If the judge be satisfied that the alleged insane person is 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 commit- ment, the court may make additional temporary commitments upon further examination by, and recommendation of, the Commission. custodymof Veterans Th e judge may commit the insane person to the custody of the Administration for Veterans' Administration for care and treatment in a Veterans' cases. n ert Administration facility, if there has been filed with the court or the Commission on Mental Health, acting under the direction of the

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