Chap. 101.-An Act to provide for the commitment to private hospitals or sani-
tariums of inebriates, opium eaters, or persons addicted to other drug habits
and lost self control.
Approved March 25, 1903.

1. Be it enacted by the general assembly of Virginia, That, upon com-
plaint in writing by any relative, and in the event there is no husband,
wife, father, mother, brother, sister or adult children residing in the
county, city or town whercin such habitual drunkard, opium eater or
person addicted to other drug habits and lost to self-control resides, then
by any two of the friends of the party to any justice of the peace of the
county wherein said party resides (they having first agreed and entered
into a bond, with approved security, to pay all costs incurred by the
investigation and future procecdings) that any person is an habitual
drunkard, opium eater or addicted to other drug habits, and lost to self-
control, and that there is good reason to believe that said inebriate, opium
eater or person addicted to other drug habits would be benefited by treat.
ment in a private hospital or sanitarium, it shall be the duty of said
justice to issue his warrant ordering such person to be brought before him
He and two other justices shall inquire whether such person be an habitual
drunkard, opium eater or addicted to other drug habits, and lost to self.
control; and for that purpose shall summon his physician, if he have one
and if none, then some other physician practicing in the vicinity, anc
other friends. If, after such examination, which shall be in writing, i
shall appear that the person so examined is an habitual drunkard, opiun
eater or addicted to other drug habits and lost to self-control, and that
in the opinion of said justices, the benefits of a private hospital or sani
tarium would possibly restore such person to sobriety and: self-control
then such justices, after said examination, shall, in their discretion, hav
power to commit the said incbriate, opium eater or person addicted t
other drug habits to a private hospital or sanitarium, with the consent o
the authorities of such private hospital or sanitarium, there to remaii
under treatment until, in the opinion of such authorities, it will be saf
to allow him or her to go at large.

But no such inebriate, opium eater or person addicted to other dru
habits shall be compelled by the provisions of this act to remain in sai
hospital or sanitarium for a period exceeding four months, without hi
or her consent, entered in writing on the records of such private hospit:
or sanitarium: provided, that nothing in this act shall be construed so ¢
to prevent any person, who shall find himself or herself aggrieved by th
judgment of the justices aforesaid, from appealing to the circuit or co’
poration court of the county or corporation in which he or she may resid
and the said appeal shal] be allowed as a matter of right, and the sai
court shall proceed, without delay, and without any formal pleadings, t
review the said proceedings, and the party accused shall have the right «
trial by jury to ascertain the fact whether or not he or she is an habitu:
drunkard, opium eater or addicted to other drug habits and lost to sel
control. If the jury aforesaid shall, by their verdict, decide that tl
accused is not an habitual drunkard, opium eater or addicted to oth:
drug habits and lost to self-control, the said court shall enter an order
dismissing the whole proceeding. All costs of the proceedings, whether
before the justice or the court, shall be ordered to be paid by those making
the complaint.

The person proceeded against shall have the right to be heard in opposi-
tion to the proceedings, and upon all questions arising therein, both before
the justices and the courts, and shall have the right and be given the
opportunity to employ counsel to represent him. The justices shall, be-
fore making an order of commitment, inquire and ascertain whether the
private hospital or sanitarium to which it is proposed to commit the
person proceeded against is a fit and proper institution to have the care
of such person, and shall in their order of commitment designate the
particular hospital or sanitarium to which the person proceeded against
is to be committed, and which they shall find to be a proper institution
io have the charge of such person; and the person committed shall have,
as a matter of right, the right to appeal from the judgment of the
justices aforesaid in respect to the fitness of the institution to which he
may be committed, to the circuit court of the county or to the corporation
court of the city in which the proceedings may be had; and upon such
appeal the court shall review the question whether the private hospital
or sanitarium designated by the justices is a fit and proper institution to
have the care of the person so committed by them. If the court shall be
of opinion that the private hospital or sanitarium designated by the
justices is a fit and proper institution, it shall affirm their judgment in
that respect. But if-the said court shall find that the private hospital
or sanitarium designated by the justices is not a fit and proper institu-
tion to have the care of the person committed, and if the court shall, by
the verdict of the jury, further find that the person proceeded against
is an habitual drunkard, opium eater or person addicted to the use of
other drugs and lost to self-control, then the court shall have power to
inquire and ascertain some other private hospital or sanitarium proper
and fit to take charge of the person proceeded against; and the court shall
in such case, by its order, designate and appoint such other private
hospital or sanitarium to take charge of such person in lieu and in place
of the one designated by the said justices.

2. The said justices or, in case of an appeal as provided for in the
foregoing section and a decision by the jury that the accused is an
habitual drunkard, opium eater or person addicted to other drug habits
and lost to self-control, the court may appoint the sheriff of the county or
corporation in which the proceedings are held, or other proper officer
named in the order of commitment, to take and convey the person against
whom the proceedings are to the private hospital or sanitarium to which
such person is committed by the said justices or court; and it shall be
the duty of such sheriff or other officer to take charge of the said inebriate
cr opium eater or person addicted to other drug habits, and deliver him
to the authorities of the said private hospital or sanitarium ; or the justices
cr court may, in their order of commitment, appoint such person as the
said private hospital or sanitarium may name to receive the said inebriate,
opium eater or person addicted to other drug habits, and deliver him to
the authorities of the said hospital or sanitarium; and upon any such
commitment the authorities of the private hospital or sanitarium to whom
such person may be committed as aforesaid shall have power to receive
and retain such person for the period for which he may be committed,
not exceeding the term of four months at any one time; and the authori-
ties of any private hospital or sanitarium may likewise receive and retain
any inebriate, opium eater or person addicted to other drug habits and
lost to self-control, who may voluntarily enter such hospital or sanitarium
as a patient: provided, such person shall enter upon the records of such
institution his or her consent to remain in such institution for the period
of time for which such person may so consent in writing to remain in
such hospital or sanitarium.

3. The justices committing an inebriate, opium eater or person addicted
to other drug habits as before described in this act shall, at the time of
such commitment, certify to the circuit court of the county or the cor-
poration court of the city, as the case may be, the fact of such committal ;
and the said court shall have power to appoint a committee to take charge
of the estate, real and personal, of said inebriate, opium eater or person
addicted to other drug habits; said committee shall execute a bond with
such security as the court may require, conditioned for the faithful dis-
charge of his duties; and he shall report to the said court the time and
circumstances of the release of such inebriate from the private hospital
or sanitarium to which he may have been sent; and upon such report, if
satisfactory, and upon a settlement of his accounts, the said committee
may be released from further responsibilty.

4. This act shall be in force from its passage.