Id. s. 200. the county in which the trustee resides; if the money or property claimed is in the hands of an executor, administrator, or guardian, the petition shall be presented to the Orphans' Court of the county in which administration was granted or in which the guardian gave bond. 58. The preceding sections only apply to such non-resident in1846, c. 300, s. 1; fants as shall, if males, be under the age of twenty-one years, or if 1847, c. 138, s. 1; To what infants preceding sections to apply. 1852, c. 297, s. 1. females, under the age of eighteen years; and no order shall be passed on the petition of a foreign guardian where any person is entitled to a reversion, remainder, or executory devise in the money or property claimed, unless such guardian shall give such a bond as may be required to be given by guardians in the next section. 34 Md. 675. Bond. Id. s. 201. 1844, c. 201, s. 2; How remainder or reversion protected. 34 Md. 675. 59. Where any person shall be prospectively entitled to any re1846, c. 300, s. 2. mainder, reversion, or executory devise in any money or property claimed by a foreign guardian, upon the determination of the estate or interest of such infant therein, it shall be lawful for the court in which the petition is filed, in its discretion, before giving such order or direction as herein before provided for, to require that such guardian, non-resident, as aforesaid, or some other person, shall execute a bond to the State of Maryland in double the amount or value of such property, with a surety or sureties to be approved of by said court, conditioned that such property shall, at the determination of the estate or interest of such infant, be forthcoming, in the county or city where such bond is taken, for the benefit of the person who may be entitled to such remainder, reversion, or executory devise, which bond shall be recorded in the office of the register or clerk of said court; and any person interested in said remainder, reversion, or executory devise, shall be entitled to a copy of said bond and a certificate from the register or clerk, under his hand and the seal of his office, upon which copy and certificate an action may be maintained in the name of the State, for the use of the party interested, and judgment may be recovered for the damage actually sustained. 60. All orders passed on the petition of a foreign guardian, for the payment, transfer, or delivery of money or property, shall be enforced in the same manner, and by the same remedies, as if such guardian were appointed in this State. Id. s. 202. 1846, c. 300, s. 2; 1847, c. 308, s. 2; 1852, c. 297, s. 2. How orders on petition enforced. Id. s. 203. Guardian ad litem, when appointed. 61. In case any infant shall be entitled to any property, real or 1853, c. 422, s. 3. personal, in this State, and shall have no guardian or guardians in the place of the residence of the said infants duly qualified, and who shall have given bond with sufficient security for the performance of his trust, it shall be lawful for the Orphans' Court of the city or county in which the said property of the said infant may be, or where the debt or chose in action due to the said infant may be recoverable, to appoint a guardian or guardians over the property or claim of such infant, which said guardian or guardians shall give bond with security, in the same manner as if such infant resided in this State. ARTICLE LIII. GUARDIANSHIP OF NON COMPOTES MENTIS, INSANE, 1797, c. 114, s. 7; and where. 1. A court of equity may, on the application of any trustee of a Art. 16, s. 87. person non compos mentis, and receiving proof that it is necessary 11, 21. and proper to confine such person, direct such trustee to send the Confinement, person under his charge to any hospital in the vicinity of the city of Baltimore, provided he can be there received, to remain until the further order of the court; and any person non compos mentis who has heretofore been sent to any hospital or receptacle in Philadelphia under an order of a court of equity of this State, may be removed, by order of the court of the county or city having equity jurisdiction from which such person was sent, to any of said hospitals near the city of Baltimore, and the court may enforce its orders as in other cases. LUNATICS AND INSANE. Inquisition by 2. When any person is alleged to be a lunatic or insane pauper, Art. 58, s. 1. the Circuit Court for the county in which such person may reside, 1834, c. 194. Pauper lunatic. or the Criminal Court of Baltimore, if such person resides in the city of Baltimore, shall cause a jury of twelve good and lawful men to be impanelled forthwith, and shall charge the said jury to inquire jury. whether such person is insane or lunatic, and if found so, it shall be the duty of the court to cause such person to be sent to the almshouse of the county or city to which he belongs, or to an hospital, or to some other place better suited in the judgment of the court to his condition, there to be confined at the expense of the county or city until he shall have recovered and been discharged in due course friends of same Not to prevent of law. Nothing contained in this section shall prevent the friends or relations of such lunatic or insane person from confining him, or providing for his comfort. from confining or providing for him. Id. s. 2. County commis- Expenses. 3. The county commissioners of any county may in their discretion remove from the almshouse any lunatic pauper therein, and cause said lunatic pauper to be sent to the Maryland Hospital for the Insane, and shall levy on the county such sum as will defray the expenses incident to the removal of such lunatic, and the expenses that may be incurred during his stay in said hospital, said expenses in said hospital in no case to exceed the sum of one hundred and fifty dollars per annum. This section to apply only in cases where the quota allowed any such county under article XXVI of this Code is filled. 4. No person shall be deemed a lunatic pauper under the preceding two sections who shall possess in his own right any property, pauper lunatic. real or personal, or be entitled to the use of any property by last will and testament, or deed of trust for his use or benefit; nor shall the child of any person whose property is actually assessed to one thousand dollars who may be afflicted with lunacy, and whose usual place of abode has been with his parents, be entitled to the benefit of the preceding section. Id. s. 3. 1824, c. 49. Who to be deemed a Id. s. 4. 5. When any person indicted for a crime or misdemeanor shall Jury may find allege insanity or lunacy in his defence, the jury impanelled to try such person shall find by their verdict whether such person was at the time of the commission of the offence, or still is, insane, lunatic, or otherwise. person Id. s. 5. with. when so found. Id. s 6. 6. If the jury find by their verdict that such person was at the How to be dealt time of committing the offence, and then is, insane or lunatic, the court before which such trial was had shall cause such person to be sent to the almshouse of the county or city to which such person belonged at the time of the commission of such act, or to an hospital, or some other place better suited in the judgment of the court to the condition of such prisoner, there to be confined until he shall have recovered his reason, and be discharged by due course of law. 7. Where any person arrested for improper or disorderly conduct, 1826, c. 197, s. 2. Inquisition to or charged with any crime, offence, or misdemeanor, against whom person arrested no indictment has been found, shall appear to the court, or be alinquire whether for crime or mis- leged to be a lunatic or insane, the court shall cause a jury of twelve sane or lunatic. good and lawful men to be impanelled forthwith, and shall charge said jury to inquire whether such person was at the time of the commission of the act complained of insane or lunatic, and still is so; and if such jury shall find that such person was at the time of the commission of such act insane or lunatic, and still is so, the court shall direct such person to be confined as directed in the preceding section, at the expense of the county or city, as the case may be, until he shall have recovered and been discharged by due course of law. demeanor, is in Id. s. 7. 8. If, during the recess of the Circuit Court for any county, or 1826, c. 197, 8. 3. the Criminal Court of Baltimore, any person appearing or alleged Inquisition Circuit Court of Criminal Court to be insane or lunatic shall be arrested and charged with any crime during recess of or misdemeanor before the judge thereof, the said judge shall issue county, or an order to the sheriff of the county or city where said offence has of Baltimore. been committed, requiring him forthwith to summon a jury of twelve good and lawful men, and to charge such jury to inquire whether such person was lunatic or insane at the time such offence was committed, and then is so; and if the jury find that the party charged was insane or lunatic at the time of the commission of the offence, and still is so, the judge shall commit such person, as directed in the preceding section. Id. s. 8. 1828, c. 201. failing to give 9. The provisions of the preceding sections relating to lunatics and insane shall apply to the case of any person who may be arrested on any process issued by any court or judge of this State, security to keep founded on oath, requiring security to keep the peace, and who peace. shall fail to give such security. 10. If any insane or lunatic person mentioned in the three last preceding sections, shall be possessed of real and personal property the annual profit or rent of which shall be adequate to his reasonable support in any hospital or asylum for the reception of insane or lunatic persons, the court or judge shall appoint a trustee for the estate of said lunatic or insane person, and shall require the said trustee to give bond to the State of Maryland, in such penalty and with such security as the court or judge shall approve, with condi-tion that he will cause the said lunatic or insane person to be confined and supported in some hospital or insane asylum until such person shall have recovered his reason, and that he will faithfully administer and fully account for all such estate, income, and effects of said lunatic or insane person as shall come to his possession or be under his care or direction. the Id. s. 9. 1826, c. 197, s. 3. Property, how disposed of.. 1826, c. 197, s. 4. poor to receive 11. The trustees of the poor of the several counties and the city Id. s. 10. of Baltimore shall receive all persons committed to their respective Trustees of the almshouses under this article, relating to lunatics and insane, and pote shall provide for their accommodation and support, and the expenses thereof shall be levied upon the counties and the said city respectively. 1826, c. 197, s. 5. 12. Nothing contained in this article relating to lunatics and Ia. s. 11. insane shall affect the powers of the courts of equity, further than Powers of to require that the estate of such lunatic or insane person, if he hath courts of equity any, shall be chargeable with the expenses of his commitment and confinement. saved. INEBRIATES. Art. 46, s. 6. 1860, c. 386, s. 7. committed to Who may be the Maryland 13. Whenever by petition under oath any person shall be alleged to be a drunkard, incapable of taking care of himself or herself or his or her property, any Circuit Court of this State, and also the Superior Court of Baltimore City, shall have the power in its Inebriate discretion, on such preliminary examination or inquiry as it may how. think proper to make ex parte, to issue a warrant to the sheriff of Asylum, and the county or city respectively where such court may sit, to arrest and bring the person so charged before such court, and it shall be the duty of the sheriff to obey such warrant; and such court shall cause a jury of good and lawful men to be summoned by the said sheriff to be impanelled forthwith, and shall charge said jury under oath to inquire, in the presence of such person, whether he or she is a habitual drunkard, incapable of taking care of himself or herself, and the proceedings in such case shall be like those now authorized by law in cases of persons alleged to be lunatic or insane; and the rule of law and proceedings applicable to the property of lunatics, shall apply to cases of persons declared to be habitual drunkards under the provisions of this section, and of Article XXVI of this Code, subtitle Maryland Inebriate Asylum, except when herein or therein otherwise directed; and all persons who may be alleged to be habitual drunkards, may dispense with the legal proceedings to establish the same, and may with the approbation of the court, when said petition may be filed, appoint his or her own committee, and may voluntarily enter the Maryland Inebriate Asylum for a limited time, and the board of trustees of the said asylum may retain such person the length of time he or she may have agreed therein to remain; and if the person against whom the petition may be filed shall be found by the jury to be a habitual drunkard, incapable of taking care of himself or herself, it shall be the duty of the court to appoint a committee of such person, and such committee shall, with the written assent and approbation of the court, have the power of confining such person in the said asylum for such length of time as the court may in writing approve; but said committee, with the written assent and approbation of the court, may at any time release from confinement said habitual drunkard; and the period of confinement of said habitual drunkard may by the said committee, with the written assent and approbation of the court, be from time to time extended for such periods as may be necessary for his or her complete reformation. |