Page:United States Statutes at Large Volume 53 Part 2.djvu/818

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PUBLIC LAWS-CH. 620-AUG. 9 , 1939 33 Stat. 316. 16 D. C. Code I§ 31-32. Admissionto Gallin- ger Hospital upon per- sonal application for observation. Issuance of attach- ment. Examination. Transfer to Saint Elizabeths Hospital. Fact to be reported to Commission on Mental Health. 52 Stat. 625 . 16D. C. Code§ 42. Commitment at ex- pense ofD. C. Temporary removal to Saint Elizabeths Hospital upon petition in certain cases. 52 Stat. 625. 16 D. C. Code 41. Certificatetoaccom- pany. Provisional deten- tion pending court order. of Public Welfare, or any officer authorized to make arrests in the Dis- trict of Columbia who has arrested any alleged insane person under the provisions of the Act of Congress approved April 27, 1904 (33 Stat. 316), may apply for a writ de lunatico inquirendo and an order of commitment, or either thereof, for any alleged insane person in the District of Columbia, by filing in the District Court of the United States for the District of Columbia a verified petition there- for, containing a statement of the facts upon which the allegation of insanity is based. Any person believing he has, or is about to, become mentally ill may, upon his own written application, in the discretion of the chief psychiatrist of Gallinger Municipal Hospital, enter Gallinger Munic- ipal Hospital for observation and place himself subject to examina- tion and commitment as hereinafter provided. SEO. 2 . Upon the filing with the court of a verified petition as hereinabove provided, accompanied by the affidavits of two or more responsible residents of the District of Columbia setting forth that they believe the person therein named to be insane or of unsound mind, the length of time they have known such person, that they believe such person to be incapable of managing his own affairs, and that such person is not fit to be at large or go unrestrained, and that if such person be permitted to remain at liberty the rights of persons and property will be jeopardized or the preservation of public peace imperiled or the commission of crime rendered prob- able, and that such person is a fit subject for treatment by reason of his or her mental condition, the court, or any judge thereof in vacation, may, in its or his discretion, issue an attachment for the immediate apprehension and detention, for preliminary examination, of such 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 days. Any person so apprehended and detained shall be given an examina- tion within five days of his admission into Gallinger Municipal Hos- pital by the staff of Gallinger Municipal Hospital. The superin- tendent of Gallinger Municipal Hospital may transfer such person to Saint Elizabeths Hospital at any time within thirty days after his apprehension and detention, and shall report the fact of such transfer to the Commission on Mental Health as established by the Act of June 8, 1938 (52 Stat. 627, ch. 326), and hereinafter referred to as the Commission. The superintendent of Saint Elizabeths Hospital is hereby authorized to receive and detain persons so trans- ferred, at the expense of the District of Columbia. If any person while a patient in Gallinger Municipal Hospital being observed for his or her mental condition cannot be cared for or treated adequately in said hospital or if such person be in need of treatment which cannot be given properly in said hospital, then the superintendent of Gallinger Municipal Hospital may effect the trans- fer and temporary commitment of such person to Saint Elizabeths Hospital by executing a petition as provided by section 1 of the Act approved June 8, 1938, accompanied by the certificate of the chief psychiatrist of Gallinger Municipal Hospital setting forth that said patient is of unsound mind, cannot be cared for or treated adequately in Gallinger Municipal Hospital, should not be allowed to remain at liberty and go unrestrained, and that said patient is a fit subject for treatment in Saint Elizabeths Hospital on account of his mental con- dition. The superintendent of Saint Elizabeths Hospital is author- ized to receive and detain any patient so transferred from Gallinger Municipal Hospital at the expense of the District of Columbia pend- ing his formal commitment or other order of the court. 1294 [53 STAT.