CHAPTER 700

An Act to amend Title 87 of the Code of Virginia, relating to insane,
epileptic, feeble-minded and inebriate persons and drug addicts, by
adding thereto a new section numbered 87-61.2 so as to provide for
the appointment of special justices to perform the duties of the justice
or trial justice under the title, and to amend and reenact § 87-62 of
the Code of Virginia, concerning duties of the judges, trial justices
and special justices in dealing with such persons and addicts. rH 724]

Approved April 7, 1952

Be it enacted by the General Assembly of Virginia:

1. That Title 37 of the Code of Virginia be amended by adding a new
section thereto numbered 37-61.2, as follows:

§ 37-61.2. The authority having the power to appoint the justice or
trial justice defined in § 37-1.1 may appoint one or more special justices
who shall be licensed, practicing attorneys at law, for the purpose of per-
forming the duties required of the justice or trial justice by this title.
Such special justice or justices, when so appointed, shall have all the
powers and jurisdiction conferred upon the justice or trial justice by this
title. The special] justice or justices shall serve under the supervision and
at the pleasure of the authority making the appointment. The special
justice or justices shall collect the fees prescribed in this title for such
service and shall retain such fees unless the governing body of the county
or city in which such services are performed shall provide for the payment
of an annual salary for such services, in which event such fees shall be
collected and paid into the treasury of such county or city.

2. That § 37-62 of the Code of Virginia be amended and reenacted as
ollows:

§ 37-62. The judge or trial justice mentioned in § 87-61 or the
special justice mentioned in § $7-61.2 shall summon two licensed and
reputable physicians. One of the physicians shall, when practicable, be the
physician of the person who is alleged to be mentally ill, epileptic, mentally
deficient, or inebriate, and neither shall in any manner be related to him
or have an interest in his estate. The judge and the two physicians, or
the justice or special justice and the two physicians, shall constitute a
commission to inquire whether such person * is mentally ill, epileptic,
mentally deficient or inebriate and a suitable subject for a hospital or
colony for the care and treatment of mentally ill, epileptic, mentally
deficient, or inebriate persons, and for that purpose the judge, * justice
or special justice shall summon witnesses to testify under oath as to the
condition of such person.