Page:United States Statutes at Large Volume 60 Part 1.djvu/948

 79TH CONG. , 2n SESS.--H. 871-AUG. 8,1946 921 of such place or institution shall deliver the application for discharge to the Health Officer, who shall give to such person an opportunity to be heard before the Health Officer. If after hearing held by the Health Officer, the Health Officer be of the opinion that such person is not affected with such communicable disease and that such person is not a carrier of communicable disease, then such person shall be discharged. If denied his discharge such detained person may apply to the Municipal Court for the District of Columbia for such discharge and the hearing on such application shall be in or out of the presence of the detained person, in the discretion of the court. Only such persons as have a direct interest in the case and their representa- tives shall be admitted to any hearing held pursuant to this section or section 4 of this Act: Provided, That if the detained person shall Public hearig. request a public hearing then the general public shall be admitted thereto. "SEC. 6. It shall be unlawful for a person detained in a place or unlawfleave. institution pursuant to an order of the Health Officer to leave said place or institution unless discharged in the manner provided in sec- tions 4 or 5 of this Act. "SEC. 7. (a) In aid of the powers vested in the Health Officer to arant for arr cause the removal to and detention in a place or institution of a person who is affected or is believed, upon probable cause, to be affected with any communicable disease or is or is believed, upon probable cause, to be a carrier of communicable disease as provided in this Act, the Municipal Court for the District of Columbia, or any judge thereof, is authorized to issue a warrant for the arrest of such person and his removal to a place or institution as defined in section 3 of this Act, which warrant shall be directed to the Major and Superintendent of Police. When such person has been removed to such place or institu- tion under authority of a warrant issued pursuant to this section, such person shall not be discharged from such place or institution except in the manner provided in section 5. "(b) No such warrant of arrest and removal shall be issued except Affidavit. upon probable cause supported by affidavit or affidavits particularly describing the person to be taken, which said affidavit or affidavits shall set forth the facts tending to establish the grounds of the appli- cation or probable cause for believing that they exist. "(c) A warrant may in all cases be served by the Major and Super- etsa ot a r intendent of Police or by any officer or member of the Metropolitan Police, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (d) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance. "(e) A warrant must be returned to the court within ten days after its date; after the expiration of this time the warrant, unless executed, is void. "(f) It shall be the duty of the said court to maintain and keep records of all warrants issued and the returns thereon. "SEC. 8 . The Health Officer may, without fee or hindrance, enter, I s8 ea to lbuld- examine, and inspect all vessels, premises, grounds, structures, build- ings, and every part thereof in the District of Columbia for the pur- pose of carrying out the provisions of this Act and the regulations issued hereunder. The owner or his agent or representative and the lessee or occupant of any such vessel, premises, grounds, structure, or building, or part thereof, and every person having the care and management thereof shall at all times when required by any such officer or employee give them free access thereto and refusal so to do shall be punishable as a violation of this Act. 60 STAT.]

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